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Full text of "International law documents, 1940"

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NAVAL WAR COLLEGE 

NEWPORT, R. I. 



INTERNATIONAL LAW 
DOCUMENTS 

1940 




UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1942 



For sale by the Superintendent of Documents, Washington, I). C. - - - - Price 75 cent s 



PREFACE 

The annual publication of the Naval War Col- 
lege on international law for 1940 has been pre- 
pared, as formerly since 1938, in collaboration with 
Payson Sibley Wild, Jr., Ph. D., professor of 
international law, Harvard University, and associ- 
ate for international law, Naval War College. 

Discussions by the Naval War College classes 
have given special attention to international law 
in its relation to the conduct of the war now in 
progress. Important and relevant documents con- 
cerning belligerents and neutrals also have been 
under consideration. Documents cited in this vol- 
ume are among those discussed. 

While certain of these documents are easily 
accessible, others have not yet appeared in any col- 
lection and are not readily available to naval 
officers. 

E. C. Kalbfus, 
Rear Admiral, United States Navy, 

President, Naval War College. 

August 30, 1941. 

ni 



TABLE OF CONTENTS 

Page 
I. Proclamations and Regulations Concern'ng Neu- 
trality Of The United States In The War Be- 
tween Germany And Norway 1 

II. Proclamations And Regulations Concerning Neu- 
trality Of The United States In The War Be- 
tween Germany And Belgium, Luxemburg, And 
The Netherlands 9 

III. Joint Declaration Of The American Republics Pro- 

testing Violation Of Neutrality In Europe 15 

IV. Statement On The Sinking Of The German Ship 

"Hannover" Off Coast Of Dominican Republic. 16 
V. Proclamations And Regulations Concerning Neu- 
trality Of The United States In The War Be- 
tween Italy And France And The United King- 
dom 19 

VI. European Possessions In The Western Hemisphere, 28 
VII. Control Of Vessels In Territorial Waters Of The 

United States 29 

VIII. European Possessions In The Western Hemisphere. 32 
IX. Administration Of Section 6 Of The Act Entitled, 
"An Act To Expedite The Strengthening Of The 

National Defense" Approved July 2, 1940 35 

X. Regulations Relating To Travel In Combat Area. _ 40 

XI. Control Of Exports In National Defense 42 

XII. British "Blockade" Announcement 44 

XIII. German "Blockade" Announcement 46 

XIV. German "Total Blockade" Area 51 

XV. Habana Meeting Of The Ministers Of Foreign 

Affairs 53 

XVI. Permanent Joint Board On Defense, United States 

And Canada 70 

XVII. The British Fleet 72 

XVIII. Naval And Air Bases 74 

XIX. United States Naval Policy 91 

XX. Germany-Italy- Japan 99 

XXI. Airplane Travel In Combat Area 102 

XXII. The Neutrality Of The United States In The War 

Between Italy And Greece 103 

XXIII. Greenland 106 

XXIV. Memorandum On "Lease-Lend" Bill By The Sec- 

retary Of State 108 

XXV. Lifting Of "Moral Embargo" On Exports To U. S. 

S. R 112 

v 



VI 



TABLE OF CONTENTS 



Pag« 

XXVI. German Flag Incident 113 

XXVII. Italian Air Attack On American Missionaries In 

Anglo-Egyptian Sudan 115 

XXVIII. Air Attack On American Missionaries In Anglo- 
Egyptian Sudan (Continued) 121 

XXIX. Declarations Of War By Belligerent Countries 123 

XXX. Closing Of Two Italian Consulates In The United 

States 130 

XXXI. An Act To Promote The Defense Of The United 

States 132 

XXXII. Naval Vessels On The Great Lakes 137 

XXXIII. Agreement With Great Britain For The Use And 

Operation Of Certain Bases 150 

XXXIV. German And Italian Ships In United States Ports. 200 
XXXV. Agreement Relating To The Defense Of Greenland. 202 

XXXVI. Proclamation Concerning The Neutrality Of The 
United States In The War Between Germany 

And Italy And Yugoslavia 214 

XXXVII. Modification Of A Combat Area 216 

XXXVIII. Continued Recognition By The United States Of 

The Minister Of Denmark 219 

XXXIX. Proclamation Concerning The Neutrality Of The 
United States In The War Between Hungary 

And Yugoslavia 224 

XL. Exchange Of Defense Articles With Canada 226 

XLI. Proclamation In Connection With The War Be- 
tween Bulgaria, And Yugoslavia And Greece 228 

XLII. Relations With The French Republic 230 

XLIII. Proclamation Of Unlimited National Emergency. . 232 

XLIV. Portuguese Islands In The Atlantic 235 

XLV. Sinking Of The S. S. Robin Moor 237 

XLVI. Closing Of German And Italian Consulates In The 

United States 240 

XLVII. U. S. Memorandum In Support Of Uruguayan 
Proposal To Treat American Republics En- 
gaged In War As Non-Belligerents 242 

XLVIII. Defense Of Iceland By United States Forces 245 

XLIX. The Proclaimed List Of Certain Blocked Nationals- 251 



I. Proclamations and Regulations Concerning 
Neutrality of the United States in the War 
Between Germany and Norway 

(Dept. of State Bulletin, Vol. II, No. 44, April 27, 1940) 

Proclamation of a State of War Between 
Germany and Norway 

by the president of the united states of america 

A Proclamation 

Whereas section 1 of the joint resolution of Con- 
gress approved November 4, 1939, provides in part 
as follows : 

"That whenever the President, or the Congress by con- 
current resolution, shall find that there exists a state of war 
between foreign states, and that it is necessary to promote 
the security or preserve the peace of the United States or 
to protect the lives of citizens of the United States, the 
President shall issue a proclamation naming the states in- 
volved; and he shall, from time to time, by proclamation, 
name other states as and when they may become involved 
in the war." 

And whereas it is further provided by section 
13 of the said joint resolution that 

"The President may, from time to time, promulgate such 
rules and regulations, not inconsistent with law as may be 
necessary and proper to carry out any of the provisions of 
this joint resolution; and he may exercise any power or 
authority conferred on him by this joint resolution through 
such officer or officers, or agency or agencies, as he shall 
direct." 

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, 

President of the United States of America, acting 



under and by virtue of the authority conferred 
on me by the said joint resolution, do hereby pro- 
claim that a state of war unhappily exists between 
Germany and Norway, and that it is necessary to 
promote the security and preserve the peace of the 
United States and to protect the lives of citizens 
of the United States. 

And I do hereby enjoin upon all officers of the 
United States, charged with the execution of the 
laws thereof, the utmost diligence in preventing 
violations of the said joint resolution and in bring- 
ing to trial and punishment any offenders against 
the same. 

And I do hereby delegate to the Secretary of 

State the power to exercise any power or authority 

conferred on me by the said joint resolution, as 

made effective by this my proclamation issued 

thereunder, which is not specifically delegated by 

Executive order to some other officer or agency of 

this Government, and the power to promulgate such 

rules and regulations not inconsistent with law 
as may be necessary and proper to carry out any 

of its provisions. 

In witness whereof, I have hereunto set my 
hand and caused the Seal of the United States of 
America to be affixed. 

Done at the City of Washington this 25' ' day 
of April, in the year of our Lord nine- 
[seal] teen hundred and forty, and of the In- 
dependence of the United States of 
America the one hundred and sixty-fourth. 

Franklin D. Roosevelt 

By the President : 
Cordell Hull, 

Secretary of State. 



Proclaiming the Neutrality of the United 
States in the War Between Germany, on the 
One Hand, and Norway, on the Other Hand 

by the president of the united states of america 

A Proclamation 

Whereas a state of war unhappily exists between 
Germany, on the one hand, and Norway, on the 
other hand ; 

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, 

President of the United States of America, in order 
to preserve the neutrality of the United States and 
of its citizens and of persons within its territory 
and jurisdiction, and to enforce its laws and 
treaties, and in order that all persons, being warned 
of the general tenor of the laws and treaties of the 
United States in this behalf, and of the law of na- 
tions, may thus be prevented from any violation of 
the same, do hereby declare and proclaim that all 
of the provisions of my proclamation of Septem- 
ber 5, 1939, proclaiming the neutrality of the 
United States in a war between Germany and 
France ; Poland ; and the United Kingdom, India, 
Australia and New Zealand apply equally in 
respect to Norway. 

In witness whereof, I have hereunto set my 
hand and caused the Seal of the United States of 
America to be affixed. 



Done at the City of Washington this 25" day of 
April, in the year of our Lord nineteen 
[seal] hundred and forty, and of the Independ- 
ence of the United States of America 
the one hundred and sixty-fourth. 

Franklin D. Roosevelt 
By the President : 
Cordell Hull, 

Secretary of State. 

Use of Ports or Territorial Waters of the 
United States by Submarines of Foreign 
Belligerent States 

by the president of the united states of america 

A Proclamation 

Whereas section 11 of the Joint Resolution 
approved November 4, 1939, provides : 

"Whenever, during any war in which the United States 
is neutral, the President shall find that special restrictions 
placed on the use of the ports and territorial waters of the 
United States by the submarines or armed merchant vessels 
of a foreign state, will serve to maintain peace between the 
United States and foreign states, or to protect the com- 
mercial interests of the United States and its citizens, or to 
promote the security of the United States, and shall make 
proclamation thereof, it shall thereafter be unlawful for 
any such submarine or armed merchant vessel to enter a 
port or the territorial waters of the United States or to 
depart therefrom, except under such conditions and subject 
to such limitations as the President may prescribe. When- 
ever, in his judgment, the conditions which have caused him 
to issue his proclamation have ceased to exist, he shall re- 
voke his proclamation and the provisions of this section 
shall thereupon cease to apply, except as to offenses 
committed prior to such revocation." 



Whereas there exists a state of war between 
Germany and Norway ; 

Whereas the United States of America is neutral 
in such war ; 

Whereas by my proclamation of November 4, 
1939, issued pursuant to the provision of law quoted 
above, I placed special restrictions on the use of 
ports and territorial waters of the United States by 
the submarines of France ; Germany ; Poland ; and 
the United Kingdom, India, Australia, Canada, 
New Zealand, and the Union of South Africa ; 

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, 

President of the United States of America, acting 
under and by virtue of the authority vested in me 
by the foregoing provision of section 11 of the Joint 
Resolution approved November 4, 1939, do by this 
proclamation declare and proclaim that the pro- 
visions of my proclamation of November 4, 1939, 
in regard to the use of the ports and territorial 
waters of the United States, exclusive of the Canal 
Zone, by the submarines of France ; Germany ; Po- 
land; and the United Kingdom, India, Australia, 
Canada, New Zealand, and the Union of South 
Africa, shall also apply to the use of the ports and 
territorial waters of the United States, exclusive of 
the Canal Zone, by the submarines of Norway. 

And I do hereby enjoin upon all officers of the 
United States, charged with the execution of the 
laws thereof, the utmost diligence in preventing 
violations of the said Joint Resolution, and this my 
proclamation issued thereunder, and in bringing to 
trial and punishment any offenders against the 
same. 



6 

In witness whereof, I have hereunto set my 
hand and caused the Seal of the United States of 
America to be affixed. 

Done at the City of Washington this 25" day of 
April, in the year of our Lord nineteen 
[seal] hundred and forty, and of the Inde- 
pendence of the United States of Amer- 
ica the one hundred and sixty-fourth. 

Franklin D. Roosevelt 
By the President : 
Cordell Hull, 

Secretary of State. 

Executive Order 

Prescribing Regulations Governing the Enforce- 
ment of the Neutrality of the United States 

Whereas, under the treaties of the United States 
and the law of nations it is the duty of the United 
States, in any war in which the United States is a 
neutral, not to permit the commission of unneutral 
acts within the jurisdiction of the United States ; 

And whereas, a proclamation was issued by me 
on the 25th day of April declaring the neutrality of 
the United States of America in the war now exist- 
ing between Germany, on the one hand, and 
Norway, on the other hand : 

Now, therefore, in order to make more effective 
the enforcement of the provisions of said treaties, 
law of nations, and proclamation, I hereby pre- 
scribe that the provisions of my Executive Order 
No. 8233 of September 5, 1939, prescribing regula- 
tions governing the enforcement of the neutrality 



of the United States, apply equally in respect to 

Norway. 

Franklin D. Roosevelt 

The White House, 

April 25, 1940. 

The following regulations have been codified 
under Title 22 : Foreign Relations ; Chapter I : De- 
partment of State ; and Subchapter A : The Depart- 
ment, in accordance with the requirements of the 
Federal Register and the Code of Federal 
Regulations: 

"Part 55C— Travel 

"Pursuant to the provisions of section 5 of the joint reso- 
lution of Congress, approved November 4, 1939, and of the 
President's Proclamation of April 10, 1940, the regulations 
in 22 CFR 55C.1 and 55C.2 of November 6, 1939, as amended 
November 17, 1939, are hereby amended to read as follows : 

"§ 55C.1 American diplomatic, consular, military, and 
naval officers. American diplomatic and consular officers 
and their families, members of their staffs and their fami- 
lies, and American military and naval officers and personnel 
and their families may travel pursuant to orders on vessels of 
France; Germany; Poland; or the United Kingdom, India, 
Australia, Canada, New Zealand, the Union of South Africa, 
and Norway if the public service requires. (Sec. 5, Public 
Res. 54, 76th Cong., 2d sess., approved Nov. 4, 1939; Proc. 
No. 2398, April 25, 1940.) 

"§ 55C.2 Other American citizens. Other American citi- 
zens may travel On vessels of France; Germany; Poland; 
or the United Kingdom, India, Australia, Canada, New Zea- 
land, the Union of South Africa, and Norway: Provided, 
however, That travel on or over the north Atlantic Ocean, 
north of 35 degrees north latitude and east of 66 degrees 
west longitude or on or over other waters adjacent to Europe 
or over the continent of Europe or adjacent islands shall not 
be permitted except when specifically authorized by the Pass- 



8 

port Division of the Department of State or an American 
Diplomatic or Consular officer abroad in each case. (Sec. 5, 
Public Res. 54, 76th Cong., 2d sess., approved Nov. 4, 1939 ; 
Proc. No. 2398, April 25, 1940.) 

Cordell Hull, 
Secretary of State. 
"April 25, 1940." 

"Part 12 — Commerce With States Engaged in Armed 

Conflict 

"§ 12.1 Exportation or transportation of articles or ma- 
terials — (f) Norway. The regulations under section 2 (c) 
and (i) of the joint resolution of Congress approved No- 
vember 4, 1939, which the Secretary, of State promulgated 
on November 10 (22 CFR 12.1 (a)-(d)) and November 25 
(22 CFR 12.1 (e), 1939, henceforth apply equally in re- 
spect to the export or transport of articles and materials 
to Norway. (Sees. 2 (c), (i), Public Res. 54, 76th Cong., 
2d sess., approved Nov. 4, 1939; Proc. No. 2398, April 25, 
1940.) 

Cordell Hull, 
Secretary of State. 

"April 25, 1940." 

"Part 40 — Solicitation and Collection of Contributions 
for Use in Certain Countries 

"§ 40.17 Contributions for use in Norway. The rules and 
regulations (22 CFR 40.1-16) under section 8 of the joint 
resolution of Congress approved November 4, 1939, which 
the Secretary of State promulgated on November 6, 1939, 
henceforth apply equally to the solicitation and collection 
of contributions for use in Norway. (Sec. 8, Public Res. 
54, 76th Cong., 2d sess., approved Nov. 4, 1939; Proc. No. 
2398, April 25, 1940.) 

Cordell Hull, 
Secretary of State. 

"April 25, 1940." 



II. Proclamations and Regulations Concerning 
Neutrality of the United States in the War 
Between Germany and Belgium, Luxemburg, 
and The Netherlands 

(Dept. of State Bulletin, Vol. II ; No. 46, May 11, 1940) 

Proclamation of a State of War Between Ger- 
many, on the One Hand, and Belgium, Luxem- 
burg, and the Netherlands, on the Other Hand 

by the president of the united states of america 

A Proclamation 

Whereas section 1 of the joint resolution of Con- 
gress approved November 4, 1939, provides in part 
as follows : 

"That whenever the President, or the Congress by concur- 
rent resolution, shall find that there exists a state of war 
between foreign states, and that it is necessary to promote the 
security or preserve the peace of the United States or to pro- 
tect the lives of citizens of the United States, the Presi- 
dent shall issue a proclamation naming the states involved ; 
and he shall, from time to time, by proclamation, name other 
states as and when they may become involved in the war." 

And whereas it is further provided by section 13 
of the said joint resolution that 

"The President may, from time to time, promulgate such 
rules and regulations, not inconsistent with law as may be 
necessary and proper to carry out any of the provisions of 
this joint resolution; and he may exercise any power or 
authority conferred on him by this joint resolution through 
such officer or officers, or agency or agencies, as he shall 
direct." 

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, 

President of the United States of America, acting 
under and by virtue of the authority conferred on 

9 



10 

me by the said joint resolution, do hereby proclaim 
that a state of war unhappily exists between Ger- 
many, on the one hand, and Belgium, Luxemburg, 
and the Netherlands, on the other hand, and that it 
is necessary to promote the security and preserve 
the peace of the United States and to protect the 
lives of citizens of the United States. 

And I do hereby enjoin upon all officers of the 
United States, charged with the execution of the 
laws thereof, the utmost diligence in preventing vio- 
lations of the said joint resolution and in bringing 
to trial and punishment any offenders against the 
same. 

And I do hereby delegate to the Secretary of 
State the power to exercise any power or authority 
conferred on me by the said joint resolution, as 
made effective by this my proclamation issued 
thereunder, which is not specifically delegated by 
Executive order to some other officer or agency of 
this Government, and the power to promulgate such 
rules and regulations not inconsistent with law as 
may be necessary and proper to carry out any of 
its provisions. 

In witness whereof, I have hereunto set my 
hand and caused the Seal of the United States of 
America to be affixed. 

Done at the City of Washington this eleventh 
day of May, in the year of our Lord 

[seal] nineteen hundred and forty, and of the 
Independence of the United States of 
America the one hundred and sixty-fourth. 

Franklin D. Roosevelt 
By the President : 
Cordell Hull, 

Sec ret (try of State. 



11 

proclaiming the neutrality of the united 
States in the War Between Germany, on the 
One Hand, and Belgium, Luxemburg, and the 
Netherlands, on the Other Hand 

by the president of the united states of america 

A Proclamation 

Whereas a state of war unhappily exists between 
Germany, on the one hand, and Belgium, Luxem- 
burg, and the Netherlands, on the other hand ; 

NOW, THEREFORE, I, FRANKLIN D. KOOSEVELT, 

President of the United States of America, in order 
to preserve the neutrality of the United States and 
of its citizens and of persons within its territory 
and jurisdiction, and to enforce its laws and trea- 
ties, and in order that all persons, being warned of 
the general tenor of the laws and treaties of the 
United States in this behalf, and of the law of na- 
tions, may thus be prevented from any violation of 
the same, do hereby declare and proclaim that all 
of the provisions of my proclamation of September 
5, 1939, proclaiming the neutrality of the United 
States in a war between Germany and France; 
Poland ; and the United Kingdom, India, Australia 
and New Zealand apply equally in respect to Bel- 
gium, Luxemburg, and the Netherlands. 

In witness whereof, I have hereunto set my 
hand and caused the Seal of the United States of 
America to be affixed. 

414559—41 2 



12 

Done at the city of Washington this eleventh 

day of May, in the year of our Lord 

[seal] nineteen hundred and forty, and of the 

Independence of the United States of 

America the one hundred and sixty-fourth. 

Franklin D. Roosevelt 
By the President : 
Cordell Hull, 

Secretary of State. 

Use of Ports or Territorial Waters of the 
United States by Submarines of Foreign 
Belligerent States 

by the president of the united states of america 

A Proclamation 

Whereas section 11 of the Joint Resolution ap- 
proved November 4, 1939, provides: 

"Whenever, during any war in which the United States 
is neutral, the President shall find that special restrictions 
placed on the use of the ports and territorial waters of the 
United States by the submarines or armed merchant vessels 
of a foreign state, will serve to maintain peace between the 
United States and foreign states, or to protect the com- 
mercial interests of the United States and its citizens, or to 
promote the security of the United States, and shall make 
proclamation thereof, it shall thereafter be unlawful for 
any such submarine or armed merchant vessel to enter a 
port or the territorial waters of the United States or to 
depart therefrom, except under such conditions and subject 
to such limitations as the President may prescribe. When- 
ever, in his judgment, the conditions which have caused him 
to issue his proclamation have ceased to exist, he shall revoke 
his proclamation and the provisions of this section shall 
thereupon cease to apply, except as to offenses committed 
prior to such revocation." 



13 

Whereas there exists a state of war between Ger- 
many on the one hand and Belgium and the Nether- 
lands on the other hand ; 

Whereas the United States of America is neutral 
in such war ; 

Whereas by my proclamation of November 4, 
1939, issued pursuant to the provision of law quoted 
above, I placed special restrictions on the use of 
ports and territorial waters of the United States by 
the submarines of Prance ; Germany ; Poland ; and 
the United Kingdom, India, Australia, Canada, 
New Zealand, and the Union of South Africa ; 

Now, therefore, I, Pranklin D. Roosevelt, 
President of the United States of America, act- 
ing under and by virtue of the authority vested 
in me by the foregoing provision of section 11 
of the Joint Resolution approved November 4, 
1939, do by this proclamation declare and proclaim 
that the provisions of my proclamation of Novem- 
ber 4, 1939, in regard to the use of the ports and 
territorial waters of the United States, exclusive of 
the Canal Zone, by the submarines of France ; Ger- 
many; Poland; and the United Kingdom, India, 
Australia, Canada, New Zealand, and the Union of 
South Africa, shall also apply to the use of the 
ports and territorial waters of the United States, 
exclusive of the Canal Zone, by the submarines of 
Belgium and the Netherlands. 

And I do hereby enjoin upon all officers of the 
United States, charged with the execution of the 
laws thereof, the utmost diligence in preventing 
violations of the said Joint Resolution, and this 
my proclamation issued thereunder, and in bringing 
to trial and punishment any offenders against the 
same. 



14 

In witness whereof, I have hereunto set my 
hand and caused the Seal of the United States of 
America to be affixed. 

Done at the City of Washington this eleventh 
day of May, in the year of our Lord nineteen hun- 
dred and forty, and of the Independence 
[seal] of the United States of America the 
one hundred and sixty-fourth. 

Franklin D. Roosevelt 
By the President : 
Cordell Hull, 

Secretary of State. 



III. Joint Declaration of the American Republics 
Protesting Violation of Neutrality in Europe 

(Dept. of State Bulletin, Vol. II, No. 48, May 25, 1940) 

u The American Republics in accord with the principles 
of international law and in application of the resolutions 
adopted in their inter-American conferences, consider un- 
justifiable the ruthless violation by Germany of the neu- 
trality and sovereignty of Belgium, Holland and Luxem- 
burg. 

" In paragraphs four and five of the Ninth Resolution of 
the Meeting of Foreign Ministers held at Panama in 1939 
entitled 'Maintenance of International Activities in accord- 
ance with Christian Morality', it was established that the 
violation of the neutrality or the invasion of weaker nations 
as a measure in the conduct and success of war warrants 
the American Republics in protesting against this infrac- 
tion of international law and the requirements of justice. 

" The American Republics therefore resolve to protest 
against the military attacks directed against Belgium, Hol- 
land and Luxemburg, at the same time making an appeal 
for the reestablishment of law and justice in the relations 
between countries." 

15 



IV. Statement on the Sinking of the German 
Ship "Hannover" Off Coast of Dominican 
Republic 

(Dept. of State Bulletin, Vol. II, No. 48, May 25, 1940) 

Following the procedure of consultation provided 
in the Declaration of Panama, the 21 American 
republics have agreed upon the transmission of the 
following communications : 

1. A communication from the President of Panama 
to the President of the Dominican Republic: 

" I have the honor to inform Your Excellency that your 
note of March 11 reporting the sinking of the German 
merchant vessel Hamwver near the eastern coast of the 
Dominican Republic has been transmitted to the govern- 
ments of the other American republics and has received the 
careful consideration of those governments. 

"It gives me pleasure, on behalf of the other American 
republics, to express cordial appreciation of the prompt 
action of the Dominican Government in reporting this 
incident. The action of Your Excellency's Government is 
one more indication of the determination of the nations of 
the American continent to face together the problems 
brought about by the European war. 

"The American republics have authorized me to express 
to your Excellency their complete agreement with the posi- 
tion taken by the Dominican Government in the sense that 
the Hannover incident was a violation of the right set forth 
in the Declaration of Panama. A statement to this effect 
is being addressed to the British and German Governments 
and at the same time the attention of the Inter-American 
Neutrality Committee is being directed to this case." 

16 



17 

2. A communication from the President of Panama 

to King George VI of Great Britain and to the 
Chancellor of the German Reich: 

"The Government of the Dominican Republic has in- 
formed the other American republics that on March 9, near 
the eastern coast of the Dominican Republic, the German 
merchant vessel Hannover was scuttled by its own crew on 
being intercepted by a British war vessel obviously for 
purposes of search and capture. 

"This incident is considered by the governments of the 
twenty-one American republics to be a violation of the in- 
herent right asserted on behalf of those republics in the Dec- 
laration of Panama which was communicated to the Gov- 
ernments of Great Britain, France, and Germany on Oc- 
tober 4, 1939. At the same time that the American republics 
have authorized me to express their regret at the failure of 
the belligerent governments to observe the terms of the Dec- 
laration, they reiterate the principle therein set forth and re- 
serve all their rights in the premises." 

3. A communication from the Secretary of Foreign 

Relations and Communications of Panama, to 
the President of the Inter-American Neutral- 
ity Committee at Rio de Janeiro: 

"On March 2, 1940 a communication was. addressed to 
Your Excellency by the Director General of the Pan Ameri- 
can Union transmitting the affirmative answer of the twenty- 
one American republics to the inquiry propounded by the 
Inter- American Neutrality Committee as to the competence 
of that Committee to deal with problems arising from the 
Declaration of Panama. 

"Since the date mentioned, a number of hostile acts have 
taken place within the security zone established in the Dec- 
laration. I have been requested to transmit to Your Excel- 
lency the following documents relating to the sinking by its 
own crew of the German merchant vessel Hunnover near the 
eastern coast of the Dominican Republic on being intercepted 
by a British war vessel obviously for purposes of search and 
capture : 



18 

"(1) A telegram from the Dominican Government to the 
Government of Panama, dated March 11, 1940, reporting the 
incident. 

"(2) A telegram from the President of Panama to the 
President of the Dominican Republic on behalf of the 
American republics. 

"(3) A telegram from the President of Panama on behalf 
of the American republics to the King of Great Britain and 
to the Chancellor of the German Reich." 



V. Proclamations and Regulations Concerning 
Neutrality of the United States in the War 
Between Italy and France and the United 
Kingdom 

(Dept. of State Bulletin, Vol. II, No. 51, June 15, 1940) 

Proclamation of a State of War Between Italy, 
on the One Hand, and France and the United 
Kingdom, on the Other Hand 

by the president of the united states of america 

A Proclamation 

W hereas section 1 of the joint resolution of Con- 
gress approved November 4, 1939, provides in part 
as follows : 

"That whenever the President, or the Congress by con- 
current resolution, shall find that there exists a state of war 
between foreign states and that it is necessary to promote 
the security or preserve the peace of the United States or 
to protect the lives of citizens of the United States, the 
President shall issue a proclamation naming the states in- 
volved; and he shall, from time to time, by proclamation, 
name other states as and when they may become involved 
in the war." 

And whereas it is further provided by section 
13 of the said joint resolution that 

"The President may, from time to time, promulgate such 
rules and regulations, not inconsistent with law as may be 
necessary and proper to carry out any of the provisions of 
this joint resolution; and he may exercise any power or 

19 



20 

authority conferred on him by this joint resolution through 
such officer or officers, or agency or agencies, as he shall 
direct." 

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, 

President of the United States of America, acting 
under and by virtue of the authority conferred on 
me by the said joint resolution, do hereby proclaim 
that a state of war unhappily exists between Italy, 
on the one hand, and France and the United King- 
dom, on the other hand, and that it is necessary to 
promote the security and preserve the peace of the 
United States and to protect the lives of citizens 
of the United States. 

And I do hereby enjoin upon all officers of the 
United States, charged with the execution of the 
laws thereof, the utmost diligence in preventing 
violations of the said joint resolution and in bring- 
ing to trial and punishment any offenders against 
the same. 

And I do hereby delegate to the Secretary of 
State the power to exercise any power or authority 
conferred on me by the said joint resolution, as 
made effective by this my proclamation issued 
thereunder, which is not specifically delegated by 
Executive order to some other officer or agency of 
this Government, and the power to promulgate such 
rules and regulations not inconsistent with law as 
may be necessary and proper to carry out any of 
its provisions. 

In witness whereof, I have hereunto set my 
hand and caused the Seal of the United States of 
America to be affixed. 



21 

Done at the city of Washington this tenth day 

of June, in the year of our Lord nineteen hundred 

and forty, and of the Independence of 

[seal] the United States of America the one 

hundred and sixty-fourth. 

Franklin D. Roosevelt 

10.20 p. m., E. S. T. 
By the President : 
Cordell Hull, 

Secretary of State. 

Proclaiming the Neutrality of the United 
States in the War Between Italy, on the One 
Hand, and France and the United Kingdom, on 
the Other Hand 

by the president of the united states of america 

A Proclamation 

Whereas a state of war unhappily exists between 
Italy, on the one hand, and France and the United 
Kingdom, on the other hand ; 

Now, therefore, I, Franklin D. Roosevelt, 
President of the United States of America, in order 
to preserve the neutrality of the United States 
and of its citizens and of persons within its terri- 
tory and jurisdiction, and to enforce its laws and 
treaties, and in order that all persons, being warned 
of the general tenor of the laws and treaties of the 
United States in this behalf, and of the law of na- 
tions, may thus be prevented from any violation of 
the same, do hereby declare and proclaim that all 
of the provisions of my proclamation of September 
5, 1939, proclaiming the neutrality of the United 



22 

States in a war between Germany and France; 
Poland ; and the United Kingdom, India, Australia 
and New Zealand apply equally in respect to Italy. 
In witness whereof, I have hereunto set my 
hand and caused the Seal of the United States of 
America to be affixed. 

Done at the City of Washington this tenth day 

of June, in the year of our Lord nineteen hundred 

and forty, and of the Independence of 

[seal] the United States of America the one 

hundred and sixty-fourth. 

Franklin D. Roosevelt 

10.20 p. m., E. S. T. 
By the President : 
Cordell Hull, 

Secretary of State. 

Use of Ports or Territorial Waters of the United 
States by Submarines of Foreign Belligerent 
States 

by the president of the united states of america 

A Proclamation 

Whereas section 11 of the joint resolution ap- 
proved November 4, 1939, provides : 

11 Whenever, during any war in which the United 
States is neutral, the President shall find that 
special restrictions placed on the use of the ports 
and territorial waters of the United States by the 
submarines or armed merchant vessels of a foreign 
state, will serve to maintain peace between the 
United States and foreign states, or to protect the 
commercial interests of the United States and its 
citizens, or to promote the security of the United 



23 

States, and shall make proclamation thereof, it shall 
thereafter be unlawful for any such submarine or 
armed merchant vessel to enter a port or the terri- 
torial waters of the United States or to depart 
therefrom, except under such conditions and sub- 
ject to such limitations as the President may pre- 
scribe. Whenever, in his judgment, the conditions 
which have caused him to issue his proclamation 
have ceased to exist, he shall revoke his proclama- 
tion and the provisions of this section shall there- 
upon cease to apply, except as to offenses committed 
prior to such revocation.' ' 

Whereas there exists a state of war between 
Italy, on the one hand, and France and the United 
Kingdom, on the other hand ; 

Whereas the United States of American is neu- 
tral in such war ; 

Whereas by my proclamation of November 4, 
1939, issued pursuant to the provision of law quoted 
above, I placed special restrictions on the use of 
ports and territorial waters of the United States 
by the submarines of France; Germany; Poland; 
and the United Kingdom, India, Australia, Canada. 
New Zealand, and the Union of South Africa ; 

Now, therefore, I, Franklin D. Roosevelt, 
President of the United States of America, acting 
under and by virtue of the authority vested in me 
by the foregoing provision of section 11 of the joint 
resolution approved November 4, 1939, do by this 
proclamation declare and proclaim that the provi- 
sions of my proclamation of November 4, 1939, in 
regard to the use of the ports and territorial waters 
of the United States, exclusive of the Canal Zone, 
by the submarines of France; Germany; Poland; 



24 

and the United Kingdom, India, Australia, Canada, 
New Zealand, and the Union of South Africa, shall 
also apply to the use of the ports and territorial 
waters of the United States, exclusive of the Canal 
Zone, by the submarines of Italy. 

And I do hereby enjoin upon all officers of the 
United States, charged with the execution of the 
laws thereof, the utmost diligence in preventing 
violations of the said joint resolution, and this my 
proclamation issued thereunder, and in bringing 
to trial and punishment any offenders against the 
same. 

In witness whereof, I have hereunto set my 
hand and caused the Seal of the United States of 
America to be affixed. 
Done at the City of Washington this tenth day 
of June, in the year of our Lord nine- 
[seal] teen hundred and forty, and of the In- 
dependence of the United States of 
America the one hundred and sixty-fourth. 

Franklin D. Boosevelt 

10.20 p. m., E. S. T. 
By the President : 
Cordell Hull, 

Secretary of State. 

Definition of a Combat Area 

by the president of the united states of america 

A Proclamation 

Whereas section 3 of the joint resolution of Con- 
gress approved November 4, 1939, provides as fol- 
lows: 

"(a) Whenever the President shall have issued a proc- 
lamation under the authority of section 1 (a), and he shall 
thereafter find that the protection of citizens of the United 



25 

States so requires, he shall, by proclamation, define combat 
areas, and thereafter it shall be unlawful, except under such 
rules and regulations as may be prescribed, for any citizen of 
the United States or any American vessel to proceed into 
or through any such combat area. The combat areas so de- 
fined may be made to apply to surface vessels or aircraft, or 
both. 

"(b) In case of the violation of any of the provisions of 
this section by any American vessel, or any owner or officer 
thereof, such vessel, owner, or officer shall be fined not more 
than $50,000 or imprisoned for not more than five years, or 
both. Should the owner of such vessel be a corporation, or- 
ganization, or association, each officer or director partici- 
pating in the violation shall be liable to the penalty herein- 
above prescribed. In case of the violation of this section by 
any citizen traveling as a passenger, such passenger may be 
fined not more than $10,000 or imprisoned for not more than 
two years, or both. 

"(c) The President may from time to time modify or ex- 
tend any proclamation issued under the authority of this 
section, and when the conditions which shall have caused him 
to issue any such proclamation shall have ceased to exist 
he shall revoke such proclamation and the provisions of this 
section shall thereupon cease to apply, except as to offenses 
committed prior to such revocation." 

And whereas it is further provided by section 13 
of the said joint resolution that 

"The President may, from time to time, promulgate such 
rules and regulations, not inconsistent with law as may be 
necessary and proper to carry out any of the provisions of 
this joint resolution; and he may exercise any power or au- 
thority conferred on him by this joint resolution through 
such officer or officers, or agency or agencies, as he shall 
direct." 

And whereas on April 10, 1940, 1 issued a proc- 
lamation in accordance with the provision of law 
quoted above defining a combat area. 

Now, therefore, I, Franklin D. Roosevelt, 
President of the United States of America, acting 



26 

under and by virtue of the authority conferred on 
me by section 3 of the joint resolution of Congress 
approved November 4, 1939, do hereby find that the 
protection of citizens of the United States requires 
that there be defined combat areas in addition to the 
combat area defined in my proclamation of April 10, 
1940, through or into which additional combat areas 
it shall be unlawful, except under such rules and 
regulations as may be prescribed, for any citizen of 
the United States or any American vessel, whether 
a surface vessel or an aircraft, to proceed. 

And I do hereby define the additional combat 
areas as follows : 

All the navigable waters within the limits set 
forth hereafter : 

1. Beginning at the intersection of the West 
Coast of Morocco with the parallel of 33°10 / north 
latitude ; 

Thence due west to 20° west longitude ; 

Thence due north to 37° 05' north latitude ; 

Thence due east to the mainland of Portugal ; 

Thence along the coast line of Portugal, Spain, 
Gibraltar, Spain, France, Italy, Yugoslavia, Al- 
bania, and Greece to the intersection of the East 
Coast of Greece with the parallel of 39° 40' north 
latitude ; 

Thence due east to the mainland of Turkey ; 

Thence along the coastline of Turkey, Syria, Pal- 
estine, Egypt, Libya, Tunisia, Algeria, and Morocco 
to the point beginning. 

All the navigable waters within the limits set 
forth hereafter : 

2. Beginning at the intersection of the North 
Coast of Italian Somaliland with the meridian of 
50° longitude east of Greenwich; 

Thence due north to the mainland of Arabia : 



27 

Thence eastward along the coast of Arabia to the 
meridian of 51° east longitude; 

Thence due south to the mainland of Italian So- 
maliland ; 

Thence westward along the coast of Italian So- 
maliland to the point of beginning. 

And I do hereby enjoin upon all officers of the 
United States, charged with the execution of the 
laws thereof, the utmost diligence in preventing 
violations of the said joint resolution and in bring- 
ing to trial and punishment any offenders against 
the same. 

And I do hereby delegate to the Secretary of 
State the power to exercise any power or authority 
conferred on me by the said joint resolution as 
made effective by this my proclamation issued 
thereunder, which is not specifically delegated by 
Executive order to some other officer or agency of 
this Government, and the power to promulgate such 
rules and regulations not inconsistent with law as 
may be necessary and proper to carry out any of its 
provisions. 

In witness w hereof, I have hereunto set my hand 
and caused the Seal of the United States of Amer- 
ica to be affixed. 

Done at the City of Washington this eleventh 

day of June, in the year of our Lord nineteen 

hundred and forty, and of the Inde- 

[seal] pendence of the United States of Amer- 
ica the one hundred and sixty-fourth. 
Franklin D. Koosevelt 
June 11, 1940, 5 : 20 p. m. E. S. T. 

By the President : 
Cordell Hull, 

Secretary of State. 

414559 — 41 3 



VI. European Possessions in the Western 

Hemisphere 

(Dept. of State Bulletin, Vol. II, No. 52, June 22, 1940) 

The Secretary of State, Mr. Cordell Hull, on 
June 17 instructed the American Charge at Berlin 
and the American Ambassador at Rome to send in 
writing to the Minister for Foreign Affairs of Ger- 
many and to the Minister for Foreign Affairs of 
Italy, respectively, the following communication in 
the name of the Government of the United States : 

"The Government of the United States is informed that 
the Government of France has requested of the German 
Government the terms of an armistice. 

"The Government of the United States feels it desirable, 
in order to avoid any possible misunderstanding, to inform 
Your Excellency that in accordance with its traditional 
policy relating to the Western Hemisphere, the United 
States would not recognize any transfer, and would not 
acquiesce in any attempt to transfer, any geographic region 
of the Western Hemisphere from one non-American power 
to another non-American power. 

"I avail myself [etc.]" 

The Governments of France, Great Britain, and 
The Netherlands have been informed in the same 
sense. 

28 



VII. Control of Vessels in Territorial Waters of 

the United States 

(Federal Kegister, Vol. 5, No. 127, pp. 2419-2420, June 

29, 1940) 

Whereas a proclamation issued by me on Sep- 
tember 8, 1939, proclaimed that a national emer- 
gency existed in connection with and to the extent 
necessary for the proper observance, safe-guarding 
and enforcing of the neutrality of the United States 
and the strengthening of our national defense with- 
in the limits of peace-time authorizations, and that 
specific directions and authorizations w T ould be 
given from time to time for carrying out these two 
purposes, 

Whereas the continuation of the conditions set 
forth in said proclamation of September 8, 1939, 
now calls for additional measures within the limits 
of peace-time authorizations, 

Whereas, under and by virtue of section 1 of 
title II of the Act of Congress approved June 15, 
1917, 40 Stat. 220 (U. S. C. title 50, sec. 191), it is 
provided as follows : 

"Section 1. Whenever the President by proclamation or 
Executive order declares a national emergency to exist by 
reason of actual or threatened war, insurrection, or invasion, 
or disturbance or threatened disturbance of the international 
relations of the United States, the Secretary of the Treasury 
may make, subject to the approval of the President, rules 
and regulations governing the anchorage and movement 
of any vessel, foreign or domestic, in the territorial waters of 
the United States, may inspect such vessel at any time, place 
guards thereon, and, if necessary in his opinion in order to 

29 



30 

secure such vessels from damage or injury, or to prevent 
damage or injury to any harbor or waters of the United 
States, or to secure the observance of the rights and obli- 
gations of the United States, may take, by and with the 
consent of the President, for such purposes, full possession 
and control of such vessel and remove therefrom the officers 
and crew thereof and all other persons not specially author- 
ized by him to go or remain on board thereof. 

" Within the territory and waters of the Canal Zone the 
Governor of the Panama Canal, with the approval of the 
President, shall exercise all the powers conferred by this 
section on the Secretary of the Treasury." 

And whereas it is essential, in order to carry into 
effect the provisions of said Act, which are quoted 
herein, that the powers conferred therein upon the 
President, the Secretary of the Treasury and the 
Governor of the Panama Canal be at this time 
exercised, or available for exercise, with respect to 
foreign and domestic vessels. 

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, 

President of the United States of America, by 
virtue of the powers conferred upon me by the pro- 
visions of the said Act of Congress quoted herein, 
do hereby declare the continuation of the conditions 
set forth in my proclamation of September 8, 1939, 
and the existence of a national emergency by reason 
of threatened disturbance of the international rela- 
tions of the United States. 

And I therefore consent to the exercise, with re- 
spect to foreign and domestic vessels, by the Secre- 
tary of the Treasury and the Governor of the 
Panama Canal, of all the powers conferred by the 
provisions of said Act. 

In witness whereof, I have hereunto set my 
hand and caused the seal of the United States to be 
affixed. 



31 

Done at the City of Washington this 27" day of 
June in the year of our Lord nineteen 

[seal] hundred and forty and of the Independ- 
ence of the United States of America, 
the one hundred and sixty-fourth. 

Franklin D. Roosevelt 
By the President : 
Cordell Hull, 

Secretary of State. 



VIII. European Possessions in the Western 
Hemisphere (Continued) 

Statement by the Secretary of State on German Reply to Note of 

the United States 

(Dept. of State Bulletin, Vol. Ill, No. 54, July 6, 1940) 

The Secretary of State, the Honorable Cordell 
Hull, made the following statement on July 5 : 

"The American Charge d'Affaires in Berlin has commu- 
nicated to the Department the text of a note dated July 
1, which he has received from the German Minister of 
Foreign Affairs. 

"The note in question refers to the note delivered by the 
American Charge d'Affaires under instructions of the Gov- 
ernment of the United States on June 18, in which this 
Government informed the Government of the German Reich 
that it would not recognize any transfer of a geographical 
region of the Western Hemisphere from one non-American 
power to another non-American power, and that it would not 
acquiesce in any attempt to undertake such transfer. 

"The German Minister of Foreign Affairs states that 
the Government of the German Reich is unable to perceive 
for what reason the Government of the United States of 
America has addressed this communication to the Reich 
Government. He states that in contrast with other countries, 
especially in contrast with England and France, Germany 
has no territorial possessions in the American Continent, and 
has given no occasion whatever for the assumption that it 
intends to acquire such possessions, and he asserts that thus 
insofar as Germany is concerned, the communication ad- 
dressed to the Reich Government is without object. 

"The German Minister of Foreign Affairs continues by 
remarking that in this case the interpretation of the Monroe 
Doctrine implicit in the communication of the Government 

32 



33 

of the United States would amount to conferring upon 
some European countries the right to possess territories 
in the Western Hemisphere and not to other European 
countries. He states that it is obvious that such an inter- 
pretation would be untenable. He concludes by remarking 
that apart from this, the Reich Government would like to 
point out again on this occasion that the nonintervention in 
the affairs of the American Continent by European nations 
which is demanded by the Monroe Doctrine can in princi- 
ple be legally valid only on condition that the American 
nations for their part do not interfere in the affairs of the 
European Continent. 

"The foregoing is the substance of the German note. 

"I feel that no useful purpose will be served at this time 
for this Government to undertake to make any further com- 
munication to the Government of the German Reich on the 
subject matter of the communication above quoted. 

"The fundamental questions involved are entirely clear 
to all of the peoples of the American republics, and un- 
doubtedly as well to the majority of the governments and 
peoples in the rest of the world. 

"The Monroe Doctrine is solely a policy of self-defense, 
which is intended to preserve the independence and integrity 
of the Americas. It was, and is, designed to prevent ag- 
gression in this hemisphere on the part of any non-American 
power, and likewise to make impossible any further ex- 
tension to this hemisphere of any non-American system 
of government imposed from without. It contains within 
it not the slightest vestige of any implication, much less 
assumption, of hegemony on the part of the United States. 
It never has resembled, and it does not today resemble, poli- 
cies which appear to be arising in other geographical areas 
of the world, which are alleged to be similar to the Monroe 
Doctrine, but which, instead of resting on the sole policies 
of self-defense and of respect for existing sovereignties, as 
does the Monroe Doctrine, would in reality seem to be only 
the pretext for the carrying out of conquest by the sword, of 
military occupation, and of complete economic and political 
domination by certain powers of other free and independent 
peoples. 



34 

"The Monroe Doctrine has, of course, not the remotest 
connection with the fact that certain European nations 
exercise sovereignty over colonies in the Western Hemi- 
sphere and that certain other European nations do not. This 
situation existed before the Monroe Doctrine was proclaimed. 
The Doctrine did not undertake to interfere with the exist- 
ing situation, but did announce that further incursions 
would not be tolerated. It made clear that the future trans- 
fer of existing possessions to another non-American state 
would be regarded as inimical to the interests of this hemi- 
sphere. This has become a basic policy of the Government 
of the United States. As already stated in the communi- 
cation addressed to the German Government by this Govern- 
ment under date of June 18, the Government of the United 
States will neither recognize nor acquiesce in the transfer 
to a non-American power of geographical regions in this 
hemisphere now possessed by some other non-American 
power. 

"The Government of the United States pursues a policy 
of nonparticipation and of noninvolvement in the purely 
political affairs of Europe. It will, however, continue to 
cooperate, as it has cooperated in the past, with all other 
nations, whenever the policies of such nations make it pos- 
sible, and whenever it believes that such efforts are practi- 
cable and in its own best interests, for the purpose of promot- 
ing economic, commercial, and social rehabilitation, and of 
advancing the cause of international law and order, of 
which the entire world stands so tragically in need today." 



IX. Administration of Section 6 of the Act En- 
titled, "An Act to Expedite the Strengthening 
of the National Defense" Approved July 2, 1940 

(Dept. of State Bulletin, Vol. Ill, No. 54, July 6, 1940) 

A Proclamation 



u 



Whereas section 6 of the act of Congress entitled 
An Act To expedite the strengthening of the na- 
tional defense/' approved July 2, 1940, provides 
as follows : 

"Whenever the President determines that it is necessary 
in the interest of national defense to prohibit or curtail 
the exportation of any military equipment or munitions, 
or component parts thereof, or machinery, tools, or material 
or supplies necessary for the manufacture, servicing or oper- 
ation thereof, he may by proclamation prohibit or curtail 
such exportation, except under such rules and regulations as 
he shall prescribe. Any such proclamation shall describe 
the articles or materials included in the prohibition or cur- 
tailment contained therein. In case of the violation of any 
provision of any proclamation, or of any rule or regulation, 
issued hereunder, such violator or violators, upon conviction, 
shall be punished by a fine of not more than $10,000, or by 
imprisonment for not more than two years or by both such 
fine and imprisonment. The authority granted in this Act 
shall terminate June 30, 1942, unless the Congress shall 
otherwise provide." 

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, 

President of the United States of America, acting 
under and by virtue of the authority vested in me 
by the said act of Congress, do hereby proclaim that 
the administration of the provisions of section 6 of 

35 



36 

that act is vested in the Administrator of Export 
Control, who shall administer such provisions un- 
der such rules and regulations as I shall from time 
to time prescribe in the interest of the national 
defense. 

And I do hereby further proclaim that upon the 
recommendation of the aforesaid Administrator of 
Export Control, I have determined that it is neces- 
sary in the interest of the national defense that on 
and after July 5, 1940, the articles and materials 
hereinafter listed shall not be exported from the 
United States except when authorized in each case 
by a license as hereinafter provided : 

1. Arms, ammunition, and implements of war as 
defined in my Proclamation No. 2237, of May 1, 
1937. 

2. The following basic materials and products 
containing the same : 

a. Aluminum 

b. Antimony 

c. Asbestos 

d. Chromium 

e. Cotton linters 

f. Flax 

g. Graphite 
h. Hides 

i. Industrial diamonds 

j. Manganese 

k. Magnesium 

1. Manila fiber 

m. Mercury 

n. Mica 

o. Molybdenum 

p. Optical glass 

q. Platinum group metals 

r. Quartz crystals 



37 

s. Quinine 
t. Rubber 
u. Silk 
v. Tin 
w. Toluol 
x. Tungsten 
y. Vanadium 
z. Wool 

3. Chemicals as follows : 

a. Ammonia and ammonium compounds 

b. Chlorine 

c. Dimethylaniline 

d. Diphenylamine 

e. Nitric acid 

f. Nitrates 

g. Nitrocellulose, having a nitrogen content of less than 

12 percent 
h. Soda lime 

i. Sodium acetate, anhydrous 
j. Strontium chemicals 
k. Sulphuric acid, fuming 

4. Products as follows : 

a. Aircraft parts, equipment, and accessories other than 

those listed in my proclamation of May 1, 1937. 

b. Armor plate, other than that listed in my proclama- 

tion of May 1, 1937. 

c. Glass, nonshatterable or bullet proof. 

d. Plastics, optically clear. 

e. Optical elements for fire control instruments, air- 

craft instruments, etc. 

5. Machine tools as follows : 

Metal- working machinery for — 

(1) Melting or casting 

(2) Pressing into forms 

(3) Cutting or grinding, power driven 

(4) Welding 



38 

And I do hereby empower the Secretary of State 
to issue licenses authorizing the exportation of any 
of the said articles and materials the exportation of 
which is not already subjected to the requirement 
that a license be obtained from the Secretary of 
State authorizing their exportation and I do hereby 
authorize and enjoin him to issue or refuse to issue 
licenses authorizing the exportation of any of the 
articles or materials listed above in accordance with 
the aforesaid rules and regulations or such specific 
directives as may be, from time to time, communi- 
cated to him by the Administrator of Export 
Control. 

And I do hereby admonish all citizens of the 
United States and every person to abstain from 
every violation of the provisions of section 6 of the 
act above set forth, of the provisions of this proc- 
lamation, and of the provisions of such regulations 
as may be issued thereunder, and I do hereby warn 
them that all violations of such provisions will be 
rigorously prosecuted. 

And I do hereby enjoin upon all officers of the 
United States, charged with the execution of the 
laws thereof, the utmost diligence in preventing 
violations of the said act, of this my proclamation, 
and of any regulations which may be issued pur- 
suant hereto, and in bringing to trial and punish- 
ment any offenders against the same. 

In witness whereof, I have hereunto set my 
hand and caused the seal of the United States of 
America to be affixed. 



39 

Done at the City of Washington this 2nd day of 
July, in the year of our Lord nineteen hundred and 
forty, and of the Independence of the 
[seal] United States of America the one hun- 
dred and sixty-fourth, at 11 a. m., 
E. S. T. 

Franklin D. Roosevelt 
By the President : 
Cordell Hull, 

Secretary of State. 



X. Regulations Relating to Travel in Combat 

Area 

(Dept. of State Bulletin, Vol. Ill, No. 55, July 13, 1940) 

The following regulation has been codified under 
Title 22 : Foreign Relations ; Chapter I ; Department 
of State ; and Subchapter A : The Department, in 
accordance with the requirements of the Federal 
Register and the Code of Federal Regulations: 

Part 55C — Travel 

By virtue of the authority vested in me by the 
President's proclamation numbered 2410, of June 
11, 1940, to promulgate such rules and regulations 
not inconsistent with law as may be necessary and 
proper to carry out the provisions of section 3 of the 
joint resolution of Congress approved November 4, 
1939, as amended June 26, 1940, as made effective 
by that and previous proclamations, I hereby amend 
22 CPR 55C.4 (c) to read as follows : 

§ 55C.4 American vessels in combat areas — (c) Vessels 
authorized to evacuate American citizens and those under 
direction of American Red Cross. The provisions of the 
proclamation do not apply to any American vessel which, 
by arrangement with the appropriate authorities of the 
United States Government, is commissioned to proceed into 
or through this combat area in order to evacuate citizens 
of the United States who are in imminent danger to their 
lives as a result of combat operations incident to the present 
war, or to any American vessels proceeding into or through 
this area, unarmed and not under convoy, under charter 
or other direction and control of the American Red Cross, 

40 



41 

on a mission of mercy only and carrying only Red Cross 
materials and personnel: Provided, That where permission 
has not been given by the blockading power, no American 
Red Cross vessel shall enter a port where a blockade by air- 
craft, surface vessel, or submarine is being attempted through 
the destruction of vessels, or into a port of any country where 
such blockade of the whole country is being so attempted. 
(Sees. 3, 4, Public Res. 54, 76th Cong., 2d sess., approved 
Nov. 4, 1939, as amended by Public Res. 87, 76th Cong., 3d 
sess., approved June 26, 1940; Proc. No. 2410, June 11, 1940) 

[seal] Cordell Hull, 

Secretary of State. 
July 5, 1940. 



XL Control of Exports in National Defense 

(Dept. of State Bulletin, Vol. Ill, No. 57, July 27, 1940) 

Administration of Section 6 of the Act Entitled, 
"An Act To Expedite the Strengthening of 
the National Defense" Approved July 2, 1940 

by the president of the united states of america 

A Proclamation 

Whereas section 6 of the act of Congress entitled 
"An Act To expedite the strengthening of the na- 
tional defense," approved July 2, 1940, provides as 
follows : 

"Whenever the President determines that it is necessary 
in the interest of national defense to prohibit or curtail the 
exportation of any military equipment or munitions, or 
component parts thereof, or machinery, tools, cr material 
or supplies necessary for the manufacture, servicing or op- 
eration thereof, he may by proclamation prohibit or curtail 
such exportation, except under such rules and regulations as 
he shall prescribe. Any such proclamation shall describe 
the articles or materials included in the prohibition or cur- 
tailment contained therein. In case of the violation of any 
provision of any proclamation, or of any rule or regulation, 
issued hereunder, such violator or violators, upon conviction, 
shall be punished by a fine of not more than $10.C00, or by 
imprisonment for not more than two years or b} 7 both such 
fine and imprisonment. The authority granted in this Act 
shall terminate June 30, 1942, unless the Congress shall 
otherwise provide." 

And whereas by my proclamation No. 2413 of 
July 2, 1940, entitled " Administration of Section 
6 of the Act Entitled 'An Act To Expedite the 
Strengthening of the National Defense ' Ap- 
proved July 2, 1940," I proclaimed that upon the 

42 



43 

recommendation of the Administrator of Export 
Control I had determined that it was necessary in 
the interest of the national defense that certain 
listed articles and materials should not be exported 
from the United States except when authorized in 
each case by a license as provided for in the said 
proclamation. 

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, 

President of the United States of America, acting 
under and by virtue of the authority vested in me 
by the said act of Congress, do hereby proclaim 
that upon the recommendation of the aforesaid 
Administrator of Export Control I have deter- 
mined that it is necessary in the interest of the 
national defense that on and after August 1, 1940, 
the additional materials hereinafter listed shall not 
be exported from the United States except when 
authorized in each case by a license as provided for 
in the aforesaid proclamation : 

1. Petroleum products 

2. Tetraethyl lead 

3. Iron and steel scrap 

In witness whereof, I have hereunto set my 
hand and caused the Seal of the United States of 
America to be affixed. 

Done at the City of Washington this 26th day 

of July, in the year of our Lord nine- 

[seal] teen hundred and forty, and of the 

Independence of the United States of 

America the one hundred and sixty-fifth. 

Franklin D. Roosevelt 
By the President : 
Sumner Welles, 

Acting Secretary of State. 

414559—41 4 



XII. British "Blockade" Announcement 

(New York Times, August 1, 1940) 

The text of the statement by Hugh Dalton, Min- 
ister of Economic Warfare, in the House of Com- 
mons (July 30, 1940) follows: 

The German occupation of the west European coastline 
from North Cape to the Pyrenes has greatly changed the 
conditions of economic war. 

The German armies succeeded in overrunning large parts 
of Western Europe but the overseas imports they require 
are still barred from seas commanded by the Royal Navy. 

Many fewer ships are now engaged in legitimate neutral 
trade between Europe and the Americas. Moreover, we 
must control not only shipping approaching the Mediter- 
ranean or the North Sea but all shipping crossing the 
Atlantic. 

To apply this control in the old way would mean diverting 
ships far out of their courses to contraband bases in British 
waters either in this island or West Africa. 

To avoid imposing such grave inconveniences upon ship- 
pers, shipowners and crews His Majesty's Government has 
decided to extend the navicert system to all seaborne goods 
consigned to any European port as well as to certain At- 
lantic islands and certain neutral ports of North Africa. 

In future ships sailing from a neutral port to any such 
destination must obtain navicerts for all items of cargo and 
in addition a ship navicert at the last loading. Any con- 
signment not navicerted and any shipment without a ship 
navicert will henceforth be liable to seizure by our patrol. 

ALSO FOR OUTGOING TRADE 

The same rules will apply to outgoing trade. Ships sail- 
ing from European ports or certain Atlantic islands or cer- 
tain neutral ports in North Africa must have certificates of 
non-enemy origin for all items of their cargoes. Any ship 

44 



45 

whose cargo is not fully certificated will be liable to be seized 
together with all uncertificated items of cargoes. 

An Order in Council, giving effect to these changes, will 
be issued forthwith. 

It has been suggested in some quarters that we intend 
to extend the blockade to certain neutral countries. This is 
not so. Where supplies can reach such neutrals without 
risk of falling into the hands of the enemy we shall grant 
navicerts on such a scale as to allow imports adequate for 
domestic consumption but not for re-export to other coun- 
tries. Moreover, it will be the policy of His Majesty's Gov- 
ernment not merely to allow such adequate supplies to pass 
through our controls but also to assist neutral countries to 
obtain them. 

These measures will greatly benefit those engaged in honest 
neutral trade. Delays in such trade, due to the exercise of 
our controls, will be much reduced. At the same time a 
heavy blow will be struck at those who seek to elude our 
controls and carry supplies either to or from the enemy. 

Our friends will be further encouraged and our enemies 
discomforted by some ingenious provisions which the Min- 
ister of Shipping will, I understand, immediately announce. 

Finally I would recall that on July 2 I informed the 
House that contraband control had been extended to French 
territory under enemy control and that no goods were being 
allowed to reach the enemy through unoccupied France. 

ALL FRANCE UNDER BAN 

After a most careful review of all circumstances His 
Majesty's Government has now decided with regret that 
in the present circumstances it must treat all metropolitan 
France as well as Algeria, Tunisia and French Morocco in 
the same manner for purposes of contraband and enemy 
export control as enemy controlled territories. 

Goods destined for these territories therefore are liable to 
be seized as contraband and goods originating in or owned 
by persons in such territories are liable to be placed in prize. 

These steps I have now announced are designed to smooth 
the path of genuine neutral trade while increasing the 
the strength of our blockade and avoiding unnecessary calls 
upon the Royal Navy. 



XIII. German "Blockade" Announcement 

(New York Times, August 18, 1940) 

The text of the German declaration announcing 
a " total blockade" of Britain (August 17, 1940) : 

Since the outbreak of war, England to an ever increasing 
extent has violated international rules of war conduct. It be- 
gan by proclaiming foodstuffs as contraband, which is in 
contrast to the most primitive laws of humanity. Just as in 
the World War, German women and children were to be hit 
thereby. 

Then followed a declaration that all goods of German 
origin were contraband, including goods in neutral possession 
and which were exported from Germany in neutral ships. 

Illegal arming of British merchantmen for the purpose of 
using these vessels as an aggressive weapon against German 
submarines was the next measure, followed by misuse of neu- 
tral flags, etc. 

Germany replied to this : First, by shifting her trade to the 
east and by considerably increasing her imports of foodstuffs 
and raw materials from European and Asiatic economic 
sectors, by securing for German economics enormous quan- 
tities of raw materials of all kinds in European countries 
freed from the enemy. Second, by sinking 5,000,000 gross 
register tons of merchant space by the German Navy and 
Air Force. 

To this must be added 1,500,000 tons of cargo space which 
was rendered useless by heavy damages by air attacks. This 
makes, together, 6,500,000 tons. 

"MORE AND MORE BRUTAL" 

Recognizing to an ever increasing extent the uselessness 
of her naval warfare, which conflicts with all rules of inter- 
national laws, England then took resort to methods which be- 
came more and more brutal. 

46 



47 

Laying of drifting mines, open and camouflaged use of 
merchantmen for war actions, using of fishing vessels as 
submarine traps, Churchill's announcement in Parliament of 
May 9, 1940, that in the Skagerrak all German merchant 
ships would be sunk at day time and all vessels, without 
regard to nationality, at night time are all on the same line. 
The heaviest blow, however, was given by England to 
shipping of third States by the following measures : 

England has, first, seized by force merchant ships of Nor- 
way, Denmark, Holland, Belgium and France in order to 
replace at least partly her own gigantic tonnage losses. Since 
then England compels owners and crews of these vessels to 
work for her. Second, England tries with all the means at 
her disposal to enforce her control on all neutral shipping. 

Thus England of late blockaded by mines, illegally and 
completely, the region between Greenland and England and 
certain regions around Southern England, forcing neutral 
shipping to enter British control harbors. England arbi- 
trarily intercepts also vessels of nations like Japan, the 
Soviet Union and Sweden, which are not at all taking part 
in the European war. 

Moreover, she now attempts forcing upon neutral shipping 
the notorious "navicert system." She treats as prizes those 
ships without navicert. By this means England tries to 
make serviceable for her own war aims all neutral merchant 
shipping. 

As regards the sea region around England, normal trade 
traffic is no longer going on there as a result of ever- 
increasing fighting actions of the air and naval forces of 
the two belligerents. Sea routes and actions, moreover, are 
nowadays prescribed to neutral shipping by mines, outpost 
vessels, air patrols, British coastal batteries, etc. Other neu- 
tral vessels are mostly forced to run in convoys of British 
warships. 

Therefore there can be no talk any more today of free 
shipping. Developments, moreover, show that neutral 
shipping, as far as it today still is running to England, 
is subject to all dangers of warlike actions and that it, in 
view of all these things, is being misused directly or indi- 
rectly for doing service for England. 



48 

England herself has thus, by her measures completely defy- 
ing international law, made all waters around her isles a 
zone of military operations, a circumstance which would 
forbid any genuinely neutral ship from entering these waters. 

A further deterrent for neutral ships and sailors should 
be the fact that under the constantly growing pressure of the 
German armed forces England of late has been quite openly 
overstepping even the last boundaries of decent warfare. 

Thus Mr. Churchill announced a few days ago that un- 
armed German salvage planes, protected by the sign of the 
Red Cross, which were rescuing German and enemy airmen 
in distress at sea, would from now on be shot down by 
England. 

This cynical incitement to murder, which is symptomatic 
of the desperate mood at present of the British rulers in 
view of imminent defeat, has been promptly followed by 
the British air force. During recent air rights two German 
Red Cross planes trying to rescue wounded British airmen 
were shot down by the British. 

Germany has watched these developments with careful 
attention for months in the hope that common sense might, 
after all, deter the present British rulers from continuing 
this criminal course of warfare. This hope was in vain, 
however. England rejected the Fuehrer's latest appeal. 

WILL "RETALIATE IN KIND" 

The Reich Government, therefore, has now decided to 
retaliate in kind and to employ armed forces with the same 
ruthlessness against shipping around England. 

On September 26 the British Government through Mr. 
Chamberlain who then was Premier declared : Germany is 
a beleaguered fortress and it is therefore quite legal and 
humane to cut off the German people from all vitally im- 
portant supplies. This means in other words: The present 
British rulers regard it as a matter of course and as quite 
legal, if they had their will, to expose German women and 
children to a death of starvation as in the World War. 

The Fuehrer's policy, which gave German economic access 
to food imports from large parts of the world, and the 
securing of large raw material reserves, thanks to a unique 



49 

series of victories of our armies, frustrated the British plans, 
however. The present rulers of England know this. They 
nevertheless do not dare to admit complete failure for their 
policy to their own people, but are proclaiming war to the 
last. 

In view of this self-destructive British attitude the Eeich 
Government establishes the fact that not Germany, but the 
British Isles, is the beleaguered fortress today. 

The unsuccessful British attempt to starve German women 
and children, through a hunger blockade, is answered by 
Germany with the complete blockade of the British Isles, 
here proclaimed. 

Germany is convinced that, with the announcement of 
the total blockade of the British Isles, a further decisive 
step has been taken toward termination of the war and re- 
moval of the guilty people at present in power in Britain. 
The supreme command of the German armed forces will 
make the utmost use of the favorable strategic situation 
offered by German domination of the Continental coasts 
from Biscay up to the North Cape. 

"ACTS IN EUROPE'S INTERESTS" 

Germany thus acts in the interests of the whole of Europe 
for, after it has been realized in London that starving out 
Germany is impossible, Britain tries to extend the hunger 
war to other European countries like Norway, Denmark, 
Holland, Belgium, France, Sweden, Spain, and Portugal. 
Britain even tries to cut off from overseas supplies countries 
which have nothing whatever to do with the war like Japan, 
Soviet Kussia, etc., under the pretext that Germany might 
possibly profit from such imports. 

The rapid forcing of England to her knees, and the re- 
moval of the people at present in power in London, is con- 
sequently the foremost task for the sake of the whole of 
Europe and other neutral countries concerned. While some 
countries like the United States and Argentina long ago 
have declared the waters surrounding the British Isles a 
war zone and have forbidden their ships, airplanes and citi- 
zens to enter these dangerous zones, other countries have not 
yet taken the same step. 



50 

Germany, having repeatedly warned these States not to 
send their ships into the waters around the British Isles, 
has now again requested, in a note, these governments to 
forbid their ships from entering the Anglo-German war 
zones." It is in the interest of these States themselves to 
accede this German request as soon as possible. 

The Reich Government wishes to emphasize the following 
fact: The naval war in the waters around the British Isles 
is in full progress. 

The whole area has been mined. 

German planes attack every vessel. Any neutral ship 
which in the future enters these waters is liable to be 
destroyed. 

DECLINES ALL RESPONSIBILITY 

The Reich Government in the future declines all respon- 
sibility without exception for damages suffered by ships or 
injuries to persons in these waters. By keeping their ships 
completely away from the British Isles neutrals on their 
part will help to avoid complications and end the war soon. 

It will thus, moreover, be made more difficult for Mr. 
Churchill and other men like him to create in the future any 
new so-called Athenia case; in other words to let ships of 
a third State be sunk by British U-boats and then blame 
Germany for the sinking in the hope of inciting public opin- 
ion in the third State concerned sufficiently to drive it into 
a war against Germany. 

Germany is convinced that she does a service of historic 
importance not only to Europe but also to all neutral coun- 
tries in the world by finally removing the present system of 
British piracy. 



XIV. German "Total Blockade" Area 

(New York Times, August 19, 1941) 

The total blockade area is defined as follows : 

From the French Atlantic coast at 37 degrees 30 minutes 
North Longitude and 2 degrees 40 minutes West Latitude 
to a point 45 degrees north 5 degrees west, thence westward 
to a point 45 degrees north and 20 degrees west, thence 
northward to a point 58 degrees north, 20 degrees west, 
thence eastward to a point 62 degrees north, 3 degrees east, 
and southward to the Belgian coast. From the Belgian 
coast the zone follows the French coast along the Channel 
and the Atlantic to Lorient, which is approximately the 
starting point. 

Authoritative German quarters insisted that proclama- 
tion of the total blockade could not be compared with the 
declaration in the World War of unrestricted submarine 
warfare. 

"This blockade, directed only against England, is based 
on entirely different reasons from the decisions taken in the 
World War," it was said. "It is impossible, therefore, to 
draw a parallel with unrestricted U-boat warfare. Today 
other weapons play a far more important role than U-boats. 

"It would likewise be incorrect to speak of sinking without 
warning. This is too general a statement. Germany will 
adhere to the general principles of international law in 
exercising the blockade, but it must be remembered that 
many rules of naval warfare were drawn up in the days of 
sailing ships, before steamships, submarines and airplanes 
were in general use." 

Commenting on the blockade proclamation, the Foreign 
Office commentary, Diplomatisch-Politische Korresponclenz, 
tonight says: 

"It is obvious that the war zone around England, in which 
all the most modern weapons are being used in active com- 

51 



52 

bat, must henceforth be avoided by all who do not wish to 
come in contact with the horrors of war. In this respect 
there is no difference between the battlefields of the sea and 
those on land. Whoever places himself in such danger 
not only acts with frivolity, but virtually seeks death and 
destruction." 



XV, Habana Meeting of the Ministers of Foreign 

Affairs 

(Dept. of State Bulletin, Vol III, No. 61, August 24, 1940) 
Final Act and Convention 

The following texts of the Act and Convention of 
the Second Meeting of the Ministers of Foreign 
Affairs of the American Republics at Habana are 
being printed in order that they may be generally 
available without further delay, although the certi- 
fied copies have not yet been received. It is be- 
lieved that they are correct. 

Final Act 

The Governments of the American Republics, in 
order that their Ministers of Foreign Affairs or 
their Personal Representatives might meet for 
purposes of consultation in accordance with agree- 
ments approved at prior Inter-American Confer- 
ences, duly accredited the Delegates hereinbelow 
expressed (following the order of precedence de- 
termined by lot) who met in the City of Habana 
during the period comprised between the twenty- 
first and the thirtieth of July, one thousand nine 
hundred and forty, in answer to the invitation of 
the Government of the Republic of Cuba : 

Honduras 

His Excellency Silverio Lainez, Personal Representative of 
His Excellency The Minister of Foreign Affairs 

53 



54 

Haiti 

His Excellency Leon Laleau, Secretary of State for Foreign 
Affairs 

Costa Kica 

His Excellency Luis Anderson Morua, Personal Representa- 
tive of His Excellency The Secretary of Foreign Affairs 

Mexico 

His Excellency Eduardo, Suarez, Personal Representative of 
His Excellency The Secretary of Foreign Affairs 

Argentina 

His Excellency Leopoldo Melo, Personal Representative cf 
His Excellency The Minister of Foreign Affairs 

Uruguay 

His Excellency Pedro Manini Rios, Personal Representative 
of His Excellency The Minister of Foreign Affairs 

Ecuador 

His Excellency Julio Tobar Donoso, Minister of Foreign 
Affairs 

Bolivia 

His Excellency Enrique Finot, Personal Representative of 
His Excellency The Minister of Foreign Affairs 

Chile 

His Excellency Oscar Schnake, Personal Representative 
of His Excellency The Minister of Foreign Affairs 

Brazil 

His Excellency Mauricio Nabuco, Personal Representative 
of His Excellency The Minister of Foreign Affairs 



55 

Cuba 

His Excellency Miguel Angel Campa, Secretary of State 

Paraguay 

His Excellency Tom as A. Salomoni, Minister of Foreign 
Affairs 

Panama 

His Excellency Narciso Garay, Secretary of Foreign Rela- 
tions and Communications 

Colombia 

His Excellency Luis Lopez de Mesa, Minister of Foreign 
Affairs 

Venezuela 

His Excellency Diogenes Escalante, Personal Representa- 
tive of His Excellency The Minister of Foreign Affairs 

El Salvador 

His Excellency Hector Escobar Serrano, Personal Repre- 
sentative of His Excellency The Minister of Foreign 
Affairs 

Dominican Republic 

His Excellency Arturo Despradel, Secretary of State for 
Foreign Affairs 

Peru 

His Excellency Lino Cornejo, Personal Representative of 
His Excellency The Minister of Foreign Affairs 

Nicaragua 

His Excellency Mariano Arguello, Minister of Foreign 
Affairs 



56 

Guatemala 

His Excellency Carlos Salazar, Secretary of Foreign 
Affairs 

United States of America 
His Excellency Cordell Hull, Secretary of State 

The Meeting held its inaugural session on the 
twenty-first day of July, one thousand nine hun- 
dred and forty, at four o'clock in the afternoon, in 
the Hall of Sessions of the House of Representa- 
tives, in the National Capitol, in the presence of 
His Excellency Dr. Federico Laredo Brii, President 
of the Republic of Cuba, under the provisional 
presidency of His Excellency Miguel Angel Campa, 
Secretary of State, with Dr. Cesar Salaya y de la 
Fuente, acting as Secretary General. 

The Regulations for the Meeting were approved 
by the Governing Board of the Pan American 
Union at a session held the twenty-ninth day of 
June, one thousand nine hundred and forty, and 
the Agenda at a session held by the same body on 
the fifth day of the current month. 

The aforesaid Regulations and Agenda were rati- 
fied by the Meeting in the preliminary session held 
the twenty-second of July, one thousand nine hun- 
dred and forty, at ten o'clock in the morning. 

At the Plenary Session held the same day at four 
o'clock in the afternoon, Dr. Miguel Angel Campa, 
Secretary of State of the Republic of Cuba, was 
elected Permanent President of the Meeting. 

In compliance with the provisions of Articles VII 
and VIII of the Regulations, the following Com- 
mittees were created: Credentials, Coordination, 
Neutrality, Preservation of Peace in the Western 



57 

Hemisphere and Economic Cooperation. For the 
constitution of the latter three Committees the di- 
vision in three parts or chapters of the Agenda of 
the Meeting was taken into consideration. 

At the same Preliminary Session at which the 
Regulations were ratified, the members of the above 
mention five Committees were appointed, as 
follows : 

Committee on Credentials 

Their Excellencies: 

Narciso Garay (Panama) 
Tomas A. Salomoni (Paraguay) 
Carlos Salazar (Guatemala) 
Hector Escobar Serrano (El Salvador) 
Silverio Lainez (Honduras) 

Committee on Coordination 

Their Excellencies: 

Leopoldo Melo (Argentina) 

Mauricio Nabuco (Brazil) 

Cordell Hull (United States of America) 

Leon Laleau (Haiti) 

Committee on Neutrality 

Their Excellencies : 
Leopoldo Melo (Argentina) 
Luis Anderson Morua (Costa Kica) 
Oscar Schnake (Chile) 
Pedro Manini Kios (Uruguay) 
Enrique Finot (Bolivia) 
Carlos Salazar (Guatemala) 
Silverio Lainez (Honduras) 

Committee on Preservation of Peace in the Western 

Hemisphere 
Their Excellencies: 

Cordell Hull (United States of America) 

Diogenes Escalante (Venezuela) 

Mauricio Nabuco (Brazil) 



58 

Julio Tobar Donoso (Ecuador) 
Arturo Despradel (Dominican Republic) 
Tomas A. Salomoni (Paraguay) 
Narciso Garay (Panama) 

Committee on Economic Cooperation 

Their Excellencies : 

Eduardo Suarez (Mexico) 

Luis Lopez de Mesa (Colombia) 

Lino Cornjeo (Peru) 

Mariano Arguelo (Nicaragua) 

Leon Laleau (Haiti) 

Hector Escobar Serrano (El Salvador) 

Miguel Angel Campa (Cuba) 

At the same Preliminary Session already men- 
tioned, it was unanimously resolved that the Com- 
mittee referred to in Article VI was to be made up 
by the Ministers of Foreign Affairs of the American 
Republics or their Personal Representatives. 

It was likewise resolved that the Delegations that 
presented projects corresponding to matters per- 
taining to any of the three last mentioned Commit- 
tees, had the right to belong to the corresponding 
Committee, as ex officio members. 

The Second Meeting of the Ministers of Foreign 
Affairs of the American Republics approved the 
following votes, motions, declarations, recommend- 
ations and resolutions : 

I 

Inter- American Neutrality Committee 

The Second Meeting of the Ministers of Foreign 
Affairs of the American Republics 

Resolves : 

One: To urge the Inter- American Neutrality Committee 
to draft a preliminary project of convention dealing with 



59 

the juridical effects of the Security Zone and the measures 
of international cooperation which the American States are 
ready to adopt to obtain respect for the said Zone. 

Two: To entrust the Inter- American Neutrality Com- 
mittee, which functions at Rio de Janeiro, with the drafting 
of a project of inter- American contention which will cover 
completely all the prinicples and rules generally recognized 
in international law in matters of neutrality, and especially 
those contained in the Resolutions of Panama, in the indi- 
vidual legislation of the different American States, and in 
the recommendations already presented by the same 
Committee. 

Three: When the aforementioned project has been drafted, 
it shall be deposited in the Pan American Union, in order 
to be submitted for the signature, adhesion and ratification 
of the respective Governments of the American Republics. 

Four: Pending the drafting, acceptance and ratification 
of the project, it is recommended that the American States 
adopt in their respective legislations concerning neutrality, 
the principles and rules contained in the Declarations of 
Panama and in the recommendations already drafted, or 
which may hereafter be drafted by the Inter- American Neu- 
trality Committee, it being suggested that the incorporation 
of the said resolutions and recommendations in the respec- 
tive legislations be made, in so far as practicable, in a codified 
and joint form. 

Five: To direct that the aforementioned Inter- American 
Neutrality Committee submit, whenever it may deem ad- 
visable, its recommendations direct to the Governments of 
the American Republics, provided, however, that it shall 
report also concerning them to the Pan American Union. 

Six: To recommend that the Pan American Union cir- 
culate among the Governments of the American States the 
minutes of the Inter-American Neutrality Committee of 
Rio de Janeiro, and that the minutes be published by the 
Pan American Union, when the said Committee deems it 
opportune. 

Seven: That the Inter- American Neutrality Committee 
may function with the attendance of a minimum of five 
members, and that, whatever be the number of members 

414559—41—5 



60 

present at the meetings, resolutions shall be adopted with 
the favorable vote of at least four members. 

Eight: That even though the Committee is permanent in 
nature, it is authorized to hold periodical meetings and to 
adjourn for a specified time, without prejudice to the calling 
of extraordinary sessions by the President, when some urgent 
and important question is to be considered. 

Nine: To extend a vote of applause and congratulations, 
for its meritorious work, to the Inter-American Neutrality 
Committee of Rio de Janeiro, and to its members, Their 
Excellencies Afranio de Mello Franco, L. A. Podesta Costa, 
Mariano Fontecilla, A. Aguilar Machado, Charles G. Fen- 
wick, Roberto Cordoba, Gustavo Herrera, Manuel Fran- 
cisco Jimenez and S. Martinez Mercado. 

n 

Norms Concerning Diplomatic and Consular 

Functions 
Whereas : 

1. One of the bases of the spiritual "unity of the 
Americas has its roots in the firm adherence by the 
peoples of the Continent to the principles of inter- 
national law. 

2. The American Republics on February 20th, 
1928 signed, at Habana, a Convention on Diplo- 
matic Officers which contains the principles gen- 
erally accepted by all nations. 

3. The said Convention establishes, among 
others, the following principles : 

a) Foreign diplomatic officers shall not participate in the 
domestic or foreign politics of the States in which they 
exercise their functions. 

b) They must exercise their functions without coming into 
conflict with the laws of the country to which they are 
accredited. 

c) They should not claim immunities which are not es- 
sential to the fulfillment of their official duties. 



61 

d) No State shall accredit its diplomatic officers to other 
States without previous agreement with the latter. 

e) States may decline to review a diplomatic officer from 
another, or, having already accepted him, may request his 
recall without being obliged to state the reasons for such 
a decision. 

The Second Meeting of the Ministers of Foreign 
Affairs of the American Republics 

Resolves : 

To urge the Governments of the American Republics ta 
prevent, within the provisions of international law, politi- 
cal activities of foreign diplomatic or consular agents, within 
the territory to which they are accredited, which may en- 
danger the peace and the democratic tradition of America. 

XIII 

Hostile Acts in Territorial Waters and in the 

Security Zone 
Whereas : 

1. At the First Meeting of the Ministers of For- 
eign Affairs held at Panama for the purpose of pre- 
serving peace, the neutrality of the American 
Republics was established, during the war begun 
in Europe ; the irrevocable purpose was asserted of 
complying strictly with those duties within the prin- 
ciples of international law and the clauses of the 
conventions codifying them, and due respect was 
demanded for the situation created by those norms ; 

2. Within this purpose of maintaining security 
on this Continent, a maritime zone, adjacent to the 
territorial area of each nation was established, ex- 
cluding such zone from hostile acts from the land r 
sea, or air ; 

3. In the hostilities, belligerency has transgressed 
the principles of international law, has disregarded 



62 

the duties imposed by neutrality, and has also 
brought about hostile acts, not only in the zone ex- 
cluded by the XV Resolution of Panama, but also 
contrary to sovereignty in the maritime zone of 
some of the Republics ; 

4. Without prejudice to the juridical procedure 
and settlement which should be given in each case 
to the claims raised because of these transgressions, 
it is necessary and opportune that the voice of the 
irrevocable purpose of practicing and demanding 
Republics of America condemn them and state the 
respect to the fullest extent for the norms regulat- 
ing the existence of the international community, 

The Second Meeting of the Ministers of the For- 
eign Affairs of the American Republics 

Declares : 

One. That it condemns hostilities within territorial waters, 
as contrary to the right of sovereignty of the nation having 
jurisdiction over them and to the tenets of international 
law. 

Ttvo. That it considers such hostilities within the Security 
Zone to be prejudicial to the votes and joint resolutions of the 
Kepublics of America for the preservation of peace on this 
Continent. 

XIV 

The Peaceful Solution of Conflicts 

Whereas : 

In behalf of the closest possible unity of the Con- 
tinent, it is imperative that differences existing be- 
tween some of the American nations be settled, 

The Second Meeting of the Ministers of Foreign 
Affairs of the American Republics 



63 

Resolves : 

To recommend to the Governing Board of the Pan Ameri- 
can Union that it organize, in the American capital deemed 
most suitable for the purpose, a Committee composed of 
representatives of five countries, which shall have the duty 
of keeping constant vigilance to insure that States between 
which any dispute exists or may arise, of any nature 
whatsoever, may solve it as quickly as possible, and of sug- 
gesting, without detriment to the methods adopted by the 
parties or to the procedures which they may agree upon, the 
measures and steps which may be conducive to a settlement. 

The Committee shall submit a report to each Meeting of 
the Ministers of Foreign Affairs and to each International 
Conference of American States regarding the status of such 
conflicts and the steps which may have been taken to bring 
about a solution. 

XV 

Reciprocal Assistance and Cooperation for the 
Defense of the Nations of the Americas 

The Second Meeting of the Ministers of Foreign 
Affairs of the American Republics 

Declares: 

That any attempt on the part of a non-American State 
against the integrity or inviolability of the territory, the 
sovereignty or the political independence of an American 
State shall be considered as an act of aggression against the 
States which sign this declaration. 

In case acts of aggression are committed or should there 
be reason to believe that an act of aggression is being pre- 
pared by a non-American nation against the integrity or 
inviolability of the territory, the sovereign or the political 
independence of an American nation, the nations signatory 
to the present declaration will consult among themselves in 
order to agree upon the measure it may be advisable to take. 



64 

All the signatory nations, or two or more of them, ac- 
cording to circumstances, shall proceed to negotiate the nec- 
essary complementary agreements so as to organize coopera- 
tion for defense and the assistance that they shall lend each 
other in the event of aggressions such as those referred to in 
this declaration. 

XVI 

Maintenance of Peace and Union Among the 
American Republics 

The Second Meeting of the Ministers of Foreign 
Affairs of the American Republics 

Declares: 

One. That the Governments of the American Republics 
are irrevocably determined to maintain and strengthen their 
union, in order that America may fulfill its high mission on 
behalf of civilization ; 

Two. That they will, therefore, omit no effort to prevent 
any controversy which might impair their solidarity; 

Three. That they will also make every effort to settle 
in a friendly manner and as soon as possible the differences 
which exist between them, in order that their reciprocal 
confidence and their cooperation for continental defense 
against any foreign aggression may be further strengthened ; 

Four. That they reaffirm their strong desire to avoid 
the use of force in this Continent as a means of solving 
differences between nations and, therefore, to resort exclu- 
sively to juridical and pacific methods ; 

Five. That they consider it essential to extend the sphere 
of action of these methods, so that in all cases they may 
be decisively effective for the preservation of peace; 

Six. That they will, likewise, make every effort to the 
end that these principles and aspirations may be adopted 
in the relations between the nations of America and those 
of other continents; 

Seven. That during the present period of hostilities they 
will strive for the maintenance of law and justice, in accord- 
ance with the Declarations of Panama ; 



65 

Eight. That they vehemently desire that peace be estab- 
lished on bases which will be lasting and inspired by the 
common welfare of all peoples ; 

Nine. That they are disposed to maintain international 
relations on juridical bases resting on the solid foundation 
of moral forces, in order to reestablish definitely the bonds 
of human community ; and 

Ten. That, faithful to their ideals, they will coordinate 
their own interests with the duties of universal cooperation. 

XVII 

Procedure on Consultation 

Whereas : 

1. It is incumbent upon the present Meeting, 
as provided in paragraph 3 of Chapter II of the 
Agenda, to examine the functioning of the system 
of consultation among the Governments of the 
American Republics established by the resolutions 
of the Inter- American Conference for the Mainte- 
nance of Peace and of the Eighth International 
Conference of American States, for the purpose of 
suggesting measures susceptible of perfecting it ; 

2. The high motives which led the American 
Republics to put the aforementioned system into 
effect, will continue to make advisable the convok- 
ing of other Meetings such as those of Panama and 
of Habana, whenever the lofty interests of the Con- 
tinent so require ; 

3. Future Meetings, as in the case of the present 
one, will have to be convoked under the pressure 
of events and under emergency conditions which 
will make it difficult and inadvisable to determine 
in advance the most appropriate time and country 
for the Meeting ; 



66 

4. Prior to the First and the Second Consulta- 
tive Meetings, the experience and knowledge of the 
Governing Board of the Pan American Union was 
resorted to, and in convoking future Meetings, it 
would be advisable to take advantage of the collabo- 
ration of that bodv, 

The Second Meeting of the Ministers of Foreign 
Affairs of the American Republics 

Resolves : 

One. The Government which desires to initiate consulta- 
tion in any of the cases contemplated in the conventions, 
declarations and resolutions of the Inter- American Confer- 
ences, and to propose a Meeting of the Ministers of Foreign 
Relations or of their representatives, shall address the Gov- 
erning Board of the Pan American Union indicating the 
questions with which it desires the consultation to deal, as 
well as the approximate date on which the Meeting should be 
held. 

Two. The Governing Board shall immediately transmit 
the request, together with a list of the subjects suggested, to 
the other Governments, members of the Union, and invite 
the observations and suggestions which the respective Gov- 
ernments may desire to present. 

Three. On the basis of the answers received, the Govern- 
ing Board of the Pan American Union will determine the 
date for the Meeting, prepare the appropriate Agenda, and 
adopt, in accordance with the respective Governments, all 
other measures advisable for the preparation of the Meeting. 

Four. The Governing Board of the Pan American Union 
shall proceed to draft regulations for Consultative Meetings 
which shall be submitted to all the American Governments 
for their approval. 

Five. The Third Meeting of the Ministers of Foreign 
Affairs of the American Republics will be held at Rio de 
Janeiro, the capital of Brazil. 

Six. After the next Meeting, the designation of the coun- 
try wliere each Consultative Meeting shall be held, shall be 



67 

made by the Governing Board of the Pan American Union 
in accordance with the procedure set forth in the present 
resolution. 

XX 

Act of Habana Concerning the Provisional Ad- 
ministration of European Colonies and Pos- 
sessions in the Americas 

Whereas : 

1. The status of regions in this Continent belong- 
ing to European powers is a subject of deep con- 
cern to all of the Governments of the American 
Republics ; 

2. As a result of the present European war there 
may be attempts at conquest, which has been re- 
pudiated in the international relations of the Amer- 
ican Republics, thus placing in danger the essence 
and pattern of the institutions of America ; 

3. The doctrine of inter-American solidarity- 
agreed upon at the meetings at Lima and at 
Panama requires the adoption of a policy of vigi- 
lance and defense so that systems or regimes in con- 
flict with their institutions shall not upset the 
peaceful life of the American Republics, the normal 
functioning of their institutions, or the rule of 
law and order ; 

4. The course of military events in Europe and 
the changes resulting from them may create the 
grave danger that European territorial posses- 
sions in America may be converted into strategic 
centers of aggression against nations of the Ameri- 
can Continent ; 

The Second Meeting of the Ministers of Foreign 
Affairs of the American Republics 

67 



68 

Declares : 

That when islands or regions in the Americas now under 
the possession of non-American nations are in danger of 
becoming the subject of barter of territory or change of 
sovereignty, the American nations, taking into account the 
imperative need of continental security and the desires of 
the inhabitants of the said islands or regions, may set up 
a regime of provisional administration under the following 
conditions : 

(a) That as soon as the reasons requiring this measure 
shall cease to exist, and in the event that it would not 
be prejudicial to the safety of the American Republics, 
such territories shall, in accordance with the principle 
reaffirmed by this declaration that peoples of this Con- 
tinent have the right freely to determine their own des- 
tinies, be organized as autonomous states if it shall appear 
that they are able to constitute and maintain themselves in 
such condition, or be restored to their previous status, which- 
ever of these alternatives shall appear the more practicable 
and just; 

(b) That the regions to which this declaration refers shall 
be placed temporarily under the provisional administration 
of the American Republics and this administration shall be 
exercised with the two-fold purpose of contributing to the 
security and defense of the Continent, and to the economic, 
political and social progress of such regions and, 

Resolves : 

To create an emergency committee, composed of one rep- 
resentative of each of the American Republics, which com- 
mittee shall be deemed constituted as soon as two-thirds of 
its members shall have been appointed. Such appoint- 
ments shall be made by the American Republics as soon as 
possible. 

The committee shall meet on the request of any signatory 
of this resolution. 

If it becomes necessary as an imperative emergency 
measure before the coming into effect of the convention ap- 
proved by this Consultative Meeting, to apply its provisions 



69 

in order to safeguard the peace of the Continent, taking into 
account also the desires of the inhabitants of any of the 
above mentioned regions, the committee shall assume the 
administration of the region attacked or threatened, acting 
in accordance with the provisions of the said convention. 
As soon as the convention comes into effect, the authority 
and functions exercised by the committee shall be transferred 
to the Inter- American Commission for Territorial Adminis- 
tration. 

Should the need for emergency action be so urgent that 
action by the committee cannot be awaited, any of the Amer- 
ican Republics, individually or jointly with others, shall 
have the right to act in the manner which its own defense 
or that of the Continent requires. Should this situation 
arise, the American Republic or Republics taking action 
shall place the matter before the committee immediately, 
in order that it may consider the action taken and adopt 
appropriate measures. 

None of the provisions contained in the present Act refers 
to territories or possessions which are the subject of dispute 
or claims between European powers and one or more of 
the Republics of the Americas. 



XVI. Permanent Joint Board on Defense, United 
States and Canada 

(Dept, of State Bulletin, Vol. Ill, No. 61, August 24, 1940) 

The following joint statement was issued by 
President Roosevelt and the Prime Minister of 
Canada, W. L. Mackenzie King : 

"The Prime Minister and the President have discussed 
the mutual problems of defense in relation to the safety of 
Canada and the United States. 

"It has been agreed that a Permanent Joint Board on 
Defense shall be set up at once by the two countries. 

"This Permanent Joint Board on Defense shall commence 
immediate studies relating to sea, land, and air problems 
including personnel and materiel. 

"It will consider in the broad sense the defense of the north 
half of the Western Hemisphere. 

"The permanent Joint Board on Defense will consist of 
four or five members from each country, most of them from 
the services. It will meet shortly." 

On August 22, 1940, President Roosevelt and 
Prime Minister Mackenzie King of Canada ap- 
pointed the following members to serve on the Joint 
Permanent Board on Defense, United States and 
Canada, which will hold its first meeting in Ottawa 
on August 26, 1940: 

For the United States: 

Hon. Fiorello H. La Guardia, President, United States 

Conference of Mayors 
Lt. Gen. Stanley D. Embick, Commanding the Fourth 

Corps Area ; Headquarters, Atlanta, Ga. 
Capt. Harry W. Hill, United States Navy, War Plans 

Division, Office of Chief of Naval Operations 

70 



71 

Comdr. Forrest P. Sherman, United States Navy 

Lt. Col. Joseph T. McNarney, United States Army Air 

Corps 
Mr. John D. Hickerson, Assistant Chief, Division of 
European Affairs, Department of State, to be Secretary 
of the American section of the Joint Board 

For Canada: 

Mr. O. M. Biggar, K.C. 

Brigadier K. Stuart, D.S.O., M.C., Deputy Chief, General 
Staff 

Captain L. W. Murray, R.C.N., Deputy Chief, Naval 
Staff 

Air Commander A. A. L. Cuffe, Air member, Air Staff, 
Royal Canadian Air Force 

Mr. Hugh L. Keenleyside, Counselor, Department of 
External Affairs, to be Secretary of the Canadian sec- 
tion of the Joint Board 



XVII. The British Fleet 

Exchange of Notes Between the Secretary of State and 
the British Ambassador 

(Dept. of State Bulletin, Vol. Ill : No. 63, September 7, 1940) 

On August 29, 1940, the Secretary of State, the 
Honorable Cordell Hull, sent the following com- 
munication to the British Ambassador, the Eight 
Honorable the Marquess of Lothian: 

"The Prime Minister of Great Britain is reported to have 
stated on June 4, 1940, to Parliament in effect that if during 
the course of the present war in which Great Britain and 
the British Commonwealth are engaged the waters sur- 
rounding the British Isles should become untenable for 
British ships of war, the British Fleet would in no event 
be surrendered or sunk but would be sent overseas for the 
defense of other parts of the Empire. 

"The Government of the United States would respectfully 
inquire whether the foregoing statement represents the set- 
tled policv of the British Government. 

C. H. 

'•Department of State, 

"Washington, August 29, 1940." 

The British Ambassador replied on September 
2, 1940, as follows: 

"In his Aide-Memoire of August 29th, 1940, the Secretary 
of State enquired whether the Prime Minister's statement 
in Parliament on June 4th, 1940, regarding the intention 
of His Majesty's Government in the United Kingdom never 
to surrender or sink the British Fleet in the event of the 
waters surrounding the British Isles becoming untenable 
for His Majesty's Ships 'represents the settled policy of 
His Majesty's Government'. 



73 

"His Majesty's Ambassador is instructed by the Prime 
Minister to inform Mr. Secretary Hull that this statement 
certainly does represent the settled policy of His Majesty's 
Government. Mr. Churchill must however observe that 
these hypothetical contingencies seem more likely to concern 
the German fleet or what is left of it than the British Fleet. 

L. 
"British Embassy, 

"Washington, D. C, 

"September 2nd, 1940." 



XVIII. Naval and Air Bases 

(Dept. of State Bulletin, Vol. Ill, No. 63, September 7, 1940) 

Arrangement With Great Britain for the Lease of Naval 

and Air Bases 

The texts of the notes exchanged between the 
British Ambassador at Washington and the Sec- 
retary of State on September 2, 1940, under which 
the Government of the United States acquired the 
right to lease naval and air bases in Newfoundland, 
and in the islands of Bermuda, the Bahamas, Ja- 
maica, St. Lucia, Trinidad, and Antigua, and in 
British Guiana, together with the texts of the mes- 
sage of the President to the Congress and the opin- 
ion of the Attorney General dated August 27, 1940, 
regarding the authority of the President to con- 
summate this arrangement, are as follows: 

The British Ambassador to the Secretary of State 

British Embassy, 
Washington, D. C, 

September 2, 1940. 
Sir: 

I have the honour under instructions from His Majesty's 
Principal Secretary of State for Foreign Affairs to inform 
you that in view of the friendly and sympathetic interest 
of His Majesty's Government in the United Kingdom in 
the national security of the United States and their desire 
to strengthen the ability of the United States to cooperate 
effectively with the other nations of the Americas in the de- 
fence of the Western Hemisphere, His Majesty's Government 
will secure the grant to the Government of the United States, 
freely and without consideration, of the lease for immediate 

74 



75 

establishment and use of naval and air bases and facilities 
for entrance thereto and the operation and protection there- 
of, on the Avalon Peninsula and on the southern coast of 
Newfoundland, and on the east coast and on the Great Bay 
of Bermuda, 

Furthermore, in view of the above and in view of the 
desire of the United States to acquire additonal air and 
naval bases in the Caribbean and in British Guiana, and 
without endeavouring to place a monetary or commercial 
value upon the many tangible and intangible rights and 
properties involved, His Majesty's Government will make 
available to the United States for immediate establishment 
and use naval and air bases and facilities for entrance 
thereto and the operation and protection thereof, on the 
eastern side of the Bahamas, the southern coast of Jamaica, 
the western coast of St. Lucia, the west coast of Trinidad 
in the Gulf of Paria, in the island of Antigua and in Brit- 
ish Guiana within fifty miles of Georgetown, in exchange 
for naval and military equipment and material which the 
United States Government will transfer to His Majesty's 
Government. 

All the bases and facilities referred to in the preceding- 
paragraphs will be leased to the United States for a period 
of ninety-nine years, free from all rent and .charges other 
than such compensation to be mutually agreed on to be paid 
by the United States in order to compensate the owners of 
private property for loss by expropriation or damage aris- 
ing out of the establishment of the bases and facilities in 
question. 

His Majesty's Government, in the leases to be agreed upon, 
will grant to the United States for the period of the leases 
all the rights, power, and authority within the bases leased, 
and within the limits of the territorial waters and air spaces 
adjacent to or in the vicinity of such bases, necessary to pro- 
vide access to and defence of such bases, and appropriate 
provisions for their control. 

Without prejudice to the above-mentioned rights of the 
United States authorities and their jurisdiction within the 
leased areas, the adjustment and reconciliation between the 
jurisdiction of the authorities of the United States within 

414559—41 6 



76 

these areas and the jurisdiction of the authorities of the 
territories in which these areas are situated, shall be deter- 
mined by common agreement. 

The exact location and bounds of the aforesaid bases, the 
necessary seaward, coast and antiaircraft defences, the loca- 
tion of sufficient military garrisons, stores and other neces- 
sary auxiliary facilities shall be determined by common 
agreement. 

His Majesty's Government are prepared to designate im- 
mediately experts to meet with experts of the United States 
for these purposes. Should these experts be unable to 
agree in any particular situation, except in the case of 
Newfoundland and Bermuda, the matter shall be settled 
by the Secretary of State of the United States and His 
Majesty's Secretary of State for Foreign Affairs. 

I have [etc.] 

Lothian 

The Honourable Cordell Hull, 

Secretary of State of the United States, 
Washington, D. 0. 



The Secretary of State to the British 
Ambassador 

Department of State, 
Washington, September 2, 1940. 
Excellency : 

I have received your note of September 2, 1940, of which 
the text is as follows : 

[Here follows text of the note, printed above.] 

I am directed by the President to reply to your note 
as follows: 

The Government of the United States appreciates the 
declarations and the generous action of His Majesty's Gov- 
ernment as contained in your communication which are 
destined to enhance the national security of the United 
States and greatly to strengthen its ability to cooperate 
effectively with the other nations of the Americas in the 
defense of the Western Hemisphere. It therefore gladly 
accepts the proposals. 



77 

The Government of the United States will immediately 
designate experts to meet with experts designated by His 
Majesty's Government to determine upon the exact location 
of the naval and air bases mentioned in your communication 
under acknowledgment. 

In consideration of the declarations above quoted, the 
Government of the United States will immediately transfer 
to His Majesty's Government fifty United States Navy de- 
stroyers generally referred to as the twelve hundred-ton 
type. 

Accept [etc.] Cordell Hull 

His Excellency 

The Right Honorable 

The Marquess or Lothian, C.H., 
British Ambassador, 



Message of the President 

To the Congress of the United States : 

I transmit herewith for the information of the Congress 
notes exchanged between the British Ambassador at Wash- 
ington and the Secretary of State on September 2, 1940, 
under which this Government has acquired the right to 
lease naval and air bases in Newfoundland, and in the 
islands of Bermuda, the Bahamas, Jamaica, St. Lucia, Trin- 
idad, and Antigua, and in British Guiana ; also a copy of an 
opinion of the Attorney General dated August 27, 1940, 
regarding my authority to consummate this arrangement. 

The right to bases in Newfoundland and Bermuda are 
gifts — generously given and gladly received. The other 
bases mentioned have been acquired in exchange for fifty 
of our over-age destroyers. 

This is not inconsistent in any sense with our status of 
peace. Still less is it a threat against any nation. It is 
an epochal and far-reaching act of preparation for con- 
tinental defense in the face of grave danger. 

Preparation for defense is an inalienable prerogative of 
a sovereign state. Under present circumstances this ex- 
ercise of sovereign right is essential to the maintenance of 



78 

our peace and safety. This is the most important action in 
the reinforcement of our national defense that has been 
taken since the Louisiana Purchase. Then as now. consider- 
ations of safety from overseas attack were fundamental. 

The value to the Western Hemisphere of these outposts of 
security is beyond calculation. Their need has long been 
recognized by our country, and especially by those primarily 
charged with the duty of charting and organizing our own 
naval and military defense. They are essential to the pro- 
tection of the Panama Canal, Central America, the Northern 
portion of South America, The Antilles, Canada, Mexico, 
and our own Eastern and Gulf Seaboards. Their conse- 
quent importance in hemispheric defense is obvious. For 
these reasons I have taken advantage of the present oppor- 
tunity to acquire them. 

Franklin D. Roosevelt 

The White House, 
September 3, 19Jfi. 



Opinion of the Attorney General 

August 27. 1940. 
The President, 

The White House, 
My Dear Mr. President : 

In accordance with your request I have considered your 
constitutional and statutory authority to proceed by Execu- 
tive Agreement with the British Government immediately 
to acquire for the United States certain off-shore naval and 
air bases in the Atlantic Ocean without awaiting the inevi- 
table delays which would accompany the conclusion of a 
formal treaty. 

The essential characteristics of the proposal are : 
(a) The United States to acquire rights for immediate 
establishment and use of naval and air bases in Newfound- 
land, Bermuda, the Bahamas, Jamaica, St. Lucia, Trinidad 
and British Guiana; such rights to endure for a period of 
99 years and to include adequate provisions for access to. and 



79 

defense of, such bases and appropriate provisions for their 
control. 

(b) In consideration it is proposed to transfer to Great 
Britain the title and possession of certain over-age ships 
and obsolescent military materials now the property of the 
United States, and certain other small patrol boats which 
though nearly completed are already obsolescent. 

(c) Upon such transfer all obligation of the United States 
is discharged. The acquisition consists only of rights, which 
the United States may exercise or not at its option, and if 
exercised may abandon without consent. The privilege of 
maintaining such bases is subject only to limitations neces- 
sary to reconcile United States use with the sovereignty re- 
tained by Great Britain. Our government assumes no re- 
sponsibility for civil administration of any territory. It 
makes no promise to erect structures, or maintain forces 
at any point. It undertakes no defense of the possessions 
of any country. In short it acquires optional bases which 
may be developed as Congress appropriates funds therefor, 
but the United States does not assume any continuing or fu- 
ture obligation, commitment or alliance. 

The questions of constitutional and statutoiy authority, 
with which alone I am concerned, seem to be these. 

First. May such an acquisition be concluded by the Presi- 
dent under an Executive Agreement or must it be negotiated 
as a Treaty subject to ratification by the Senate? 

Second. Does authority exist in the President to alienate 
the title to such ships and obsolescent materials, and if so, 
on what conditions? 

Third. Do the statutes of the United States limit the right 
to deliver the so-called "mosquito boats" now under construc- 
tion or the over-age destroyers by reason of the belligerent 
status of Great Britain ? 



There is, of course, no doubt concerning the authority of 
the President to negotiate with the British Government 
for the proposed exchange. The only questions that might 
be raised in connection therewith are (1) whether the 
arrangement must be put in the form of a treaty and await 



80 

ratification by the Senate or (2) whether there must be 
additional legislation by the Congress. Ordinarily (and 
assuming the absence of enabling legislation) the question 
whether such an agreement can be concluded under Presi- 
dential authority or whether it must await ratification by a 
two-thirds vote of the United States Senate involves consid- 
eration of two powers which the Constitution vests in the 
President. 

One of these is the power of the Commander-in-Chief of 
the Army and Navy of the United States, which is con- 
ferred upon the President by the Constitution but is not de- 
fined or limited. Happily, there has been little occasion in 
our history for the interpretation of the powers of the Presi- 
dent as Commander-in-Chief of the Army and Navy. I 
do not find it necessary to rest upon that power alone to 
sustain the present proposal. But it will hardly be open to 
controversy that the vesting of such a function in the Presi- 
dent also places upon him a responsibility to use all con- 
stitutional authority which he may possess to provide ade- 
quate bases and stations for the utilization of the naval and 
air weapons of the United States at their highest efficiency 
in our defense. It seems equally beyond doubt that present 
world conditions forbid him to risk any delay that is con- 
stitutionally avoidable. 

The second power to be considered is that control of 
foreign relations which the Constitution vests in the Presi- 
dent as a part of the Executive function. The nature and 
extent of this power has recently been explicitly and au- 
thoritatively defined by Mr. Justice Sutherland, writing 
for the Supreme Court. In 1936, in United States v. Curtiss- 
Wright Export Corp. et al., 299 U. S. 304, he said : 

"It is important to bear in mind that we are here dealing 
not alone with an authority vested in the President by an 
exertion of legislative power, but with such an authority 
plus the very delicate, plenary and exclusive power of the 
President as the sole organ of the federal government in the 
field of international relations — a power which does not 
require as a basis for its exercise an act of Congress, but 
which, of course, like every other governmental power, must 
be exercised in subordination to the applicable provisions of 



81 

the Constitution. It is quite apparent that if, in the main- 
tenance of our international relations, embarrassment — per- 
haps serious embarrassment — is to be avoided and success 
for our aims achieved, congressional legislation which is to 
be made effective through negotiation and inquiry within the 
international field must often accord to the President a 
degree of discretion and freedom from statutory restriction 
which would not be admissible were domestic affairs alone 
involved. Moreover, he, not Congress, has the better oppor- 
tunity of knowing the conditions which prevail in foreign 
countries, and especially is this true in time of war. He 
has his confidential sources of information. He has his 
agents in the form of diplomatic consular and other officials. 
Secrecy in respect of information gathered by them may be 
highly necessary, and the premature disclosure of it 
productive of harmful results." 

The President's power over foreign relations while "deli- 
cate, plenary and exclusive" is not unlimited. Some nego- 
tiations involve commitments as to the future which would 
carry an obligation to exercise powers vested in the Congress. 
Such Presidential arrangements are customarily submitted 
for ratification by a two-thirds vote of the Senate before the 
future legislative power of the country is committed. How- 
ever, the acquisitions which you are proposing to accept 
are without express or implied promises on the part of the 
United States to be performed in the future. The consider- 
ation, which we later discuss, is completed upon transfer of 
the specified items. The Executive Agreement obtains an 
opportunity to establish naval and air bases for the protec- 
tion of our coastline but it imposes no obligation upon the 
Congress to appropriate money to improve the opportunity. 
It is not necessary for the Senate to ratify an opportunity 
that entails no obligation. 

There are precedents which might be cited, but not all 
strictly pertinent. The proposition falls far short in mag- 
nitude of the acquisition by President Jefferson of the Louisi- 
ana Territory from a belligerent during a European war, 
the Congress later appropriating the consideration and the 
Senate later ratifying a treaty embodying the agreement. 



82 

I am also reminded that in 1850, Secretary of State Daniel 
Webster acquired Horse Shoe Reef, at the entrance of 
Buffalo Harbor, upon condition that the United States would 
engage to erect a lighthouse and maintain a light but would 
erect no fortification thereon. This was done without await- 
ing legislative authority. Subsequently the Congress made 
appropriations for the lighthouse, which was erected in 
1856. M alloy, Treaties and Conventions, Vol. 1, p. 663. 

It is not believed, however, that it is necessary here to 
rely exclusively upon your constitutional power. As pointed 
out hereinafter (in discussing the second question), I think 
there is also ample statutory authority to support the acqui- 
sition of these bases, and the precedents perhaps most nearly 
in point are the numerous acquisitions of rights in foreign 
countries for sites of diplomatic and consular establishments — 
perhaps also the trade agreements recently negotiated under 
statutory authority and the acquisition in 1903 of the coaling 
and naval stations and rights in Cuba under the act of 
March 2, 1901, c. 803, 31 Stat. 895, 898. In the last- 
mentioned case the agreement was subsequently embodied 
in a treaty but it was only one of a number of undertakings, 
some clearly of a nature to be dealt with ordinarily by 
treaty, and the statute had required "that by way of further 
assurance the government of Cuba will embody the fore- 
going provisions in a permanent treaty with the United 
States." 

The transaction now proposed represents only an exchange 
with no statutory requirement for the embodiment thereof in 
any treaty and involving no promises or undertakings by the 
United States that might raise the question of the propriety 
of incorporation in a treaty. I therefore advise that acqui- 
sition by Executive Agreement of the rights proposed to be 
conveyed to the United States by Great Britain will not 
require ratification by the Senate. 

II 

The right of the President to dispose of vessels of the 
Navy and unneeded naval material finds clear recognition 
in at least two enactments of the Congress and a decision of 



83 

the Supreme Court — and any who assert that the authority 
does not exist must assume the burden of establishing that 
both the Congress and the Supreme Court meant something 
less than the clear import of seemingly plain language. 

By section 5 of the act of March 3, 1883, c. 141, 22 Stat. 
582, 599-600 (U. S. C, title 34, sec. 492), the Congress 
placed restrictions upon the methods to be followed by 
the Secretary of the Navy in disposing of naval vessels, 
which have been found unfit for further use and stricken 
from the naval registry, but by the last clause of the sec- 
tion recognized and confirmed such a right in the President 
free from such limitations. It provides : 

"But no vessel of the Navy shall hereafter be sold in any 
other manner than herein provided, or for less than such 
appraised value, unless the President of the United States 
shall otherwise direct in writing? (Underscoring [this 
print, italics] supplied.) 

In Levinson v. United States, 285 U. S. 198, 201, the 
Supreme Court said of this statute that "the power of the 
President to direct a departure from the statute is not 
confined to a sale for less than the appraised value but 
extends to the manner of the sale," and that "the word 
'unless' qualifies both the requirements of the concluding 
clause." 

So far as concerns this statute, in my opinion it leaves 
the President as Commander-in-Chief of the Navy free to 
make such disposition of naval vessels as he finds necessary 
in the public interest, and I find nothing that would indicate 
that the Congress has tried to limit the President's plenary 
powers to vessels already stricken from the naval registry. 
The President, of course, would exercise his powers only 
under the high sense of responsibility which follows his rank 
as Commander-in-Chief of his nation's defense forces. 

Furthermore, I find in no other statute or in the decisions 
any attempted limitations upon the plenary powers of the 
President as Commander-in-Chief of the Army and Navy 
and as the head of the State in its relations with foreign 
countries to enter into the proposed arrangements for the 
transfer to the British Government of certain over-age de- 
stroyers and obsolescent military material except the limi- 



84 

tations recently imposed by section 14 (a) of the act of 
June 28, 1940 (Public No. 671). This section, it will be 
noted, clearly recognizes the authority to make transfers 
and seeks only to impose certain restrictions thereon. The 
section reads as follows: 

"Sec. 14. (a) Notwithstanding the provision of any other 
law, no military or naval weapon, ship, boat, aircraft, muni- 
tions, supplies, or equipment, to which the United States 
has title, in whole or in part, or which have been con- 
tracted for, shall hereafter be transferred, exchangad, sold, 
or otherwise disposed of in any manner whatsoever unless 
the Chief of Naval Operations in the case of naval material, 
and the Chief of Staff of the Army in the case of military 
material, shall first certify that such material is not essential 
to the defense of the United States." 

Thus to prohibit action by the constitutionally-created 
Commander-in-Chief except upon authorization of a stat- 
utory officer subordinate in rank is of questionable con- 
stitutionality. However, since the statute requires certifi- 
cation only of matters as to which you would wish, irrespec- 
tive of the statute, to be satisfied, and as the legislative 
history of the section indicates that no arbitrary restriction 
is intended, it seems unnecessary to raise the question of 
constitutionality which such a provision would otherwise 
invite. 

I am informed that the destroyers involved here are the 
survivors of a fleet of over 100 built at about the same time 
and under the same design. During the year 1930, 58 of 
these were decommissioned with a view toward scrapping 
and a corresponding number were recommissioned as 
replacements. Usable material and equipment from the 
58 vessels removed from the service were transferred 
to the recommissioned vessels to recondition and mod- 
ernize them, and other usable material and equipment 
were removed and the vessels stripped. They were then 
stricken from the navy register, and 50 of them were sold 
as scrap for prices ranging from $5,260 to $6,800 per vessel, 
and the remaining 8 were used for such purposes as target 
vessels, experimental construction tests, and temporary bar- 
racks. The surviving destroyers now under consideration 



85 

have been reconditioned and are in service, but all of them 
are over-age, most of them by several years. 

In construing this statute in its application to such a 
situation it is important to note that this subsection as 
originally proposed in the Senate frill provided that the 
appropriate staff officer shall first certify that "such material 
is not essential to and cannot be used in the defense of the 
United States." Senator Barkley and others objected to 
the subsection as so worded on the ground that it would 
prevent the release and exchange of surplus or used planes 
and other supplies for sale to the British and that it would 
consequently nullify the provisions of the bill (see section 1 
of the act of July 2, 1940, H. K. 9850, Public No. 703) which 
the Senate had passed several days earlier for that very 
purpose. Although Senator Walsh stated that he did not 
think the proposed subsection had that effect, he agreed 
to strike out the words "and cannot be used." Senator 
Barkley observed that he thought the modified language 
provided "a much more elastic term." Senator Walsh fur- 
ther stated that he would bear in mind in conference the 
views of Senator Barkley and others, and that he had "no 
desire or purpose to go beyond the present law, but to have 
some certificate filed as to whether the property is surplus 
or not." (Cong. Kec, June 21, 1940, pp. 13370-13371) 

In view of this legislative history it is clear that the Con- 
gress did not intend to prevent the certification for transfer, 
exchange, sale or disposition of property merely because it 
is still used or usable or of possible value for future use. 
The statute does not contemplate mere transactions in scrap, 
yet exchange or sale except as scrap would hardly be pos- 
sible if confined to material whose usefulness is entirely 
gone. It need only be certified as not essential, and "essen- 
tial," usually the equivalent of vital or indispensable, falls 
far short of "used" or "usable." 

Moreover, as has been indicated, the congressional authori- 
zation is not merely of a sale, which might imply only a 
cash transaction. It also authorizes equipment to be "trans- 
ferred", "exchanged" or "otherwise disposed of"; and in 
connection with material of this kind for which there is 
no open market value is never absolute but only relative — 



86 

and chiefly related to what may be had in exchange or 
replacement. 

In view of the character of the transactions contemplated, 
as well as the legislative history, the conclusion is inescap- 
able that the Congress has not sought by section 14 (a) 
to impose an arbitrary limitation upon the judgment of the 
highest staff officers as to whether a transfer, exchange or 
other disposition of specific items would impair our essen- 
tial defenses. Specific items must be weighed in relation 
to our total defense position before and after an exchange 
or disposition. Any other construction would be a virtual 
prohibition of any sale, exchange or disposition of material 
or supplies so long as they were capable of use, however in- 
effective, and such a prohibition obviously was not, and was 
not intended to be, written into the law. 

It is my opinion that in proceeding under section 14 (a) 
appropriate staff officers may and should consider remain- 
ing useful life, strategic importance, obsolescence, and all 
other factors affecting defense value, not only with respect 
to what the Government of the United States gives up in 
any exchange or transfer, but also with respect to what the 
Government receives. In this situation good business sense 
is good legal sense. 

I therefore advise that the appropriate staff officers may, 
and should, certify under section 14 (a) that ships and 
material involved in a sale or exchange are not essential 
to the defense of the United States if in their judgment 
the consummation of the transaction does not impair or 
weaken the total defense of the United States, and cer- 
tainly so where the consummation of the arrangement will 
strengthen the total defensive position of the nation. 

With specific reference to the proposed agreement with 
the Government of Great Britain for the acquisition of naval 
and air bases, it is my opinion that the Chief of Naval 
Operations may, and should, certify under section 14 (a) 
that the destroyers involved are not essential to the defense 
of the United States if in his judgment the exchange of 
such destroyers for such naval and air bases will strengthen 
rather than impair the total defense of the United States. 



87 

I have previously indicated that in my opinion there is 
statutory authority for the acquisition of the naval and air 
bases in exchange for the vessels and material. The ques- 
tion was not more fully treated at that point because de- 
pendent upon the statutes above discussed and which re- 
quired consideration in this section of the opinion. It is 
to be borne in mind that these statutes clearly recognize 
and deal with the authority to make dispositions by sale, 
transfer, exchange or otherwise; that they do not impose 
any limitations concerning individuals, corporations or gov- 
ernments to which such dispositions may be made ; and that 
they do not specify or limit in any manner the consideration 
which may enter into an exchange. There is no reason what- 
ever for holding that sales may not be made to or ex- 
changes made with a foreign government or that in such 
a case a treaty is contemplated. This is emphasized when 
we consider that the transactions in some cases may be quite 
unimportant, perhaps only dispositions of scrap, and that 
a domestic buyer (unless restrained by some authorized con- 
tract or embargo) would be quite free to dispose of his pur- 
chase as he pleased. Furthermore, section 14 (a) of the 
act of June 28, 1940, supra, was enacted by the Congress 
in full contemplation of transfers for ultimate delivery to 
foreign belligerent nations. Possibly it may be said that 
the authority for exchange of naval vessels and material 
presupposes the acquisition of something of value to the 
Navy or, at least, to the national defense. Certainly I can 
imply no narrower limitation when the law is wholly silent 
in this respect. Assuming that there is, however, at least 
the limitation which I have mentioned, it is fully met in 
the acquisition of rights to maintain needed bases. And 
if, as I hold, the statute law authorizes the exchange of ves- 
sels and material for other vessels and material or, equally, 
for the right to establish bases, it is an inescapable corollary 
that the statute law also authorizes the acquisition of the 
ships or material or bases which form the consideration for 
the exchange. 

Ill 

Whether the statutes of the United States prevent the 
dispatch to Great Britain, a belligerent power, of the so- 



88 

called "mosquito boats" now under construction or the 
over-age destroyers depends upon the interpretation to be 
placed on section 3 of title V of the act of June 15, 1917, 
c, 30, 40 Stat, 217, 222. This section reads : 

"During a war in which the United States is a neutral 
nation, it shall be unlawful to send out of the jurisdictioa 
of the United States any vessel, built, armed, or equipped 
as a vessel of war, or converted from a private vessel into 
a vessel of war, with any intent or under any agreement or 
contract, written or oral, that such vessel shall be delivered 
to a belligerent nation, or to an agent, officer, or citizen of 
such nation, or with reasonable cause to believe that the said 
vessel shall or will be employed in the service of any such 
belligerent nation after its departure from the jurisdiction 
of the United States." 

This section must be read in the light of section 2 of the 
same act and the rules of international law which the Con- 
gress states that it was its intention to implement. (H. Rep. 
No. 30, 65th Cong., 1st Sess., p. 9.) So read, it is clear that 
it is inapplicable to vessels, like the over-age destroyers, 
which were not built, armed, equipped as, or converted into, 
vessels of war with the intent that they should enter the 
service of a belligerent. If the section were not so construed, 
it would render meaningless section 2 of the act which au- 
thorizes the President to detain any armed vessel until he 
is satisfied that it will not engage in hostile operations before 
it reaches a neutral or belligerent port. The two sections 
are intelligible and reconcilable only if read in light of the 
traditional rules of international law. These are clearly 
stated by Oppenheim in his work on International Law, 
5th ed., Vol. 2, sec. 334, pp. 574-576 : 

"Whereas a neutral is in no wise obliged by his duty 
of impartiality to prevent his subjects from selling armed 
vessels to the belligerents, such armed vessels being merely 
contraband of war, a neutral is bound to employ the means 
at his disposal to prevent his subjects from building, fitting 
out, or arming, to the order of either belligerent, vessels 
intended to be used as men-of-war, and to prevent the de- 
parture from his jurisdiction of any vessel which, by order 
of either belligerent, has been adapted to warlike use. The 



89 

difference between selling armed vessels to belligerents and 
building them to order is usually defined in the following 
way: 

"An armed ship, being contraband of war, is in no wise 
different from other kinds of contraband, provided that she 
is not manned in a neutral port, so that she can commit 
hostilities at once after having reached the open sea. A 
subject of a neutral who builds an armed ship, or arms a 
merchantman, not to the order of a belligerent, but intend- 
ing to sell her to a belligerent, does not differ from a manu- 
facturer of arms who intends to sell them to a belligerent. 
There is nothing to prevent a neutral from allowing his 
subjects to sell armed vessels, and to deliver them to belliger- 
ents, either in a neutral port or in a belligerent 
port * * *. 

"On the other hand, if a subject of a neutral builds armed 
ships to the order of a belligerent, he prepares the means 
of naval operations, since the ships, on sailing outside the 
neutral territorial waters and taking in a crew and ammuni- 
tion, can at once commit hostilities. Thus, through the 
carrying out of the order of the belligerent, the neutral terri- 
tory has been made the base of naval operations ; and as the 
duty of impartiality includes an obligation to prevent either 
belligerent from making neutral territory the base of mili- 
tary or naval operations, a neutral violates his neutrality by 
not preventing his subjects from carrying out an order of 
a belligerent for the building and fitting out of men-of-wai. 
This distinction, although of course logically correct, is hair- 
splitting. But as, according to the present law, neutral 
States need not prevent their subjects from supplying arms 
and ammunition to belligerents, it will probably continue to 
be drawn." 

Viewed in the light of the above, I am of the opinion 
that this statute does prohibit the release and transfer to 
the British Government of the so-called "mosquito boats" 
now under construction for the United States Navy. If 
these boats were released to the British Government, it 
would be legally impossible for that Government to take 
them out of this country after their completion, since to the 
extent of such completion at least they would have been built, 



90 

armed, or equipped with the intent, or with reasonable cause 
to believe, that they would enter the service of a belligerent 
after being sent out of the jurisdiction of the United States. 

This will not be true, however, with respect to the over- 
age destroyers, since they were clearly not built, armed, or 
equipped with any such intent or with reasonable cause to 
believe that they would ever enter the service of a belligerent. 

In this connection it has been noted that during the war 
between Eussia and Japan in 1904 and 1905, the German 
Government permitted the sale to Russia of torpedo boats 
and also of ocean liners belonging to its auxiliary navy. 
See Wheaton's International Law, 6th ed. (Keith), Vol. 2, 
p. 977. 

IV 

Accordingly, you are respectfully advised : 

(a) That the proposed arrangement may be concluded as 
an Executive Agreement, effective without awaiting rati- 
fication. 

(b) That there is presidential power to transfer title and 
possession of the proposed considerations upon certification 
by appropriate staff officers. 

(c) That the dispatch of the so-called "mosquito boats" 
would constitute a violation of the statute law of the United 
States, but with that exception there is no legal obstacle to 
the consummation of the transaction, in accordance, of 
course, with the applicable provisions of the Neutrality Act 
as to delivery. 

Respectfully submitted, 

Robert H. Jackson, 

Attorney General. 



XIX. United States Naval Policy 

(Approved and issued by the Secretary of the Navy, 
September 14, 1940) 

Naval policy is the system of principles, and the 
general terms of their application, governing the 
development, organization, maintenance, training 
and employment of a navy. It is based on and is 
designed to support national policies and interests. 
It comprehends questions of character, number and 
distribution of naval forces and shore activities ; of 
the number and qualifications of personnel ; and of 
the character of peace and war strategy and opera- 
tions. 

Fundamental Policy 

To maintain the Navy in strength and readiness 
to uphold national policies and interests, and to 
guard the United States and its continental and 
overseas possessions. 

General Policies 

To develop the Navy to a maximum in fighting 
strength and ability to control the sea in defense of 
the nation and its interests. 

To make effectiveness in war the objective of all 
development and training. 

To organize and maintain the Navy for major 
operations in both the Atlantic and Pacific Oceans. 

To maintain and develop naval aviation as an 
integral part of the naval forces. 

414559 — 41 7 91 



92 

To maintain the Marine Corps in such strength 
as to provide the requisite fleet marine force and 
detachments for other naval purposes. 

To develop and maintain shore activities, includ- 
ing bases suitably located and defended, for the 
support of the mobile forces. 

To locate shore activities in such geographical 
areas and construct them in such sites and in such 
manner as will promote security against air and 
other attack; and to apply this policy to existing 
activities as practicable. 

To advance the art of naval warfare and to pro- 
mote the devolopment of naval material. 

To maintain and train the officer and enlisted 
personnel requisite for the regular establishment 
and to provide for the procurement and training 
of the personnel required for the expanded war 
organization. 

To plan the procurement of materiel to meet war- 
time needs and to foster civil industries and activi- 
ties useful in war. 

To exercise economy in expenditures as compat- 
ible with efficiency. 

To make systematic inspections of naval activi- 
ties and materiel. 

To encourage the growth of the merchant marine 
and of commercial aviation. 

To cooperate fully with other departments and 
agencies of the government. 

Fleet Building and Maintenance Policy 

To keep the fleet at the required strength, bal- 
anced as to types of ships, by a continuing building 
program. 



93 

To make superiority in their types the end in 
view in the design and construction of all naval 
vessels and aircraft. 

To keep characteristics and designs for ships and 
aircraft up to date. 

To maintain all ships and aircraft at the maxi- 
mum of material readiness and fighting efficiency 
consistent with their age and military value, incor- 
porating such improvements as are duly warranted. 

Combatant Ships 

To build capital ships, carriers, cruisers, destroy- 
ers, mine layers, submarines and other combatant 
types in numbers adequate to maintain a well-bal- 
anced fleet of the required strength in under-age 
vessels. 

Aircraft 

To build and maintain aircraft in numbers and 
classes adequate for the fleet requirements and for 
all other essential naval purposes. 

To build and maintain nonrigid airships for 
coastal patrol and for other naval uses. 

To build and maintain rigid airships as necessary 
to explore and develop their usefulness for naval 
purposes ; and to cooperate with other agencies in 
developing commercial airships. 

Auxiliary Vessels 

To build or acquire and to maintain the minimum 
number of auxiliary vessels of the several types 
needed for the normal operation of the fleet, and for 
the maintenance, supply and potential defense of 
outlying bases and stations. 



94 

To cooperate with other government departments 
and agencies in planning for and in designing new 
merchant and government vessels which can be 
utilized as naval auxiliaries. 

To maintain plans for rapid acquisition and effec- 
tive conversion of merchant vessels for naval use 
in time of war. 

Minor War Vessels and Small Craft 

To build or acquire and to maintain such minor 
war vessels and small craft as required for naval 
districts and special service, developing suitable 
types as necessary. 

Fleet Operating Policy 

To keep in commission, fully manned and in ac- 
tive training, the number of ships necessary to pro- 
vide a fleet of required strength in all types. 

To organize the forces afloat to obtain maximum 
flexibility, mobility and effectiveness in strategical 
and tactical operations. 

To give full effect to established command prin- 
ciples, stressing unity of command and appropriate 
decentralization in both execution and administra- 
tion. 

To operate forces afloat under balanced schedules 
formulated to secure excellence in strategy and tac- 
tics, gunnery, engineering and other technical per- 
formance, and in material upkeep ; and also to pro- 
mote proficiency, contentment and discipline of 
personnel. 

To keep the United States Fleet strategically 
disposed and to assemble the fleet for a period of 



95 

not less than two months annually for advanced 
training. 

To operate and maintain the Asiatic Fleet and 
other detached forces in readiness for incorporation 
into the United States Fleet. 

To make foreign cruises for cultivation of 
friendly international relations and for varied 
training of personnel. 

To operate a naval train and a supply service 
sufficient for the upkeep and mobility of the forces 
afloat and for the maintenance and supply of out- 
lying bases and stations. 

To assign suitable vessels and facilities for train- 
ing Naval Reserves. 

To operate vessels necessary for surveying stra- 
tegical and commercial areas outside the coastal 
limits of the United States and its possessions. 

Shore Activities Policy 

To develop two main bases on each coast and one 
in Hawaii. 

To develop air and other essential bases, coastal 
and outlying, for the support of naval operations. 

To maintain a system of naval districts and cor- 
responding district forces for the control and 
security of district waters, coastwise sea lanes, and 
adjacent sea areas; for cooperation with the fleet; 
and for the coordinated administration and pro- 
tection of naval bases, navy yards, and other naval 
activities within the particular district. 

To maintain all navy yards and naval industrial 
plants in such condition of readiness as to sustain 
the fleet in war. 



96 

To construct such naval vessels in navy yards as 
necessary to assure the continued availability of ex- 
perienced technical personnel. 

To encourage civil industries and activities useful 
in war. 

To insure the effective availability of private 
shipbuilding and other private industrial plants 
for the national defense by a continuing program 
of naval construction therein. 

To procure and maintain suitable facilities for 
the training of naval and Marine Corps personnel, 
including reserves. 

To maintain and operate the facilities necessary 
for the collection and dissemination of hydro- 
graphic, astronomical, and aerological information 
essential to the Navy and useful to governmental 
and commercial interests. 

Personnel Policy 

To maintain the personnel at a high standard 
of efficiency and in sufficient numbers to meet the 
requirements of the naval service. 

To develop and coordinate systematic courses of 
instruction and training for officer and enlisted per- 
sonnel. 

To assign officers to duty in foreign countries to 
broaden their professional education. 

To maintain a reasonable excess of petty officers 
and noncommissioned officers over peacetime re- 
quirements in order to facilitate wartime expan- 
sion. 

To restrict the transfer of personnel to that com- 
patible with a high degree of training, morale, pro- 
fessional experience, and service efficiency. 



97 

To build up, train, and maintain Naval and 
Marine Corps Reservists to provide for mobiliza- 
tion. 

To cultivate close relations of personnel of the 
Navy and Marine Corps with the Reserves. 

Communications Policy 

To provide and maintain a naval communication 
system based on war requirements. 

To operate the communication facilities as re- 
quired, primarily, by the current operating force 
plan and for direct communication with overseas 
possessions. 

To continue the use of naval communication fa- 
cilities to increase safety at sea and in the air, 
including adequate communication with the United 
States Merchant Marine and commercial aircraft 
flying overseas. 

To cooperate with American commercial com- 
munication activities so as to enhance their mili- 
tary value in time of national emergency and to 
safeguard the communication interests of the 
United States. 

Information Policy 

To acquire accurate information concerning the 
political, military, naval, economic and industrial 
policies and activities of all countries. 

To analyze and preserve information for ready 
reference and for historical purposes. 

To disseminate useful information systematically 
throughout the naval service and to other govern- 
ment departments and agencies. 



98 

To provide protection against espionage and 
sabotage in cooperation with other departments and 
agencies. 

To keep the public informed of the activities of 
the Navy, as compatible with military security. 

Materiel Policy 

To plan, in cooperation with other government 
departments and agencies, and with industry, for 
timely procurement of supplies and munitions nec- 
essary to maintain and augment the mobilized 
Navy. 

To procure and maintain reserves of supplies 
and munitions in quantities to cover essential re- 
quirements beyond the productive capacity initially 
available in an emergency. 

To procure and maintain, in cooperation with 
other government departments and agencies, ade- 
quate stocks of strategic raw materials. 

To cooperate with other government departments 
and agencies, and with private industry, in the de- 
velopment of standards and specifications and of 
inspection organizations, methods, and procedures. 

To promote by continuous research and investi- 
gation the application of scientific discoveries and 
technical invention to the improvement of naval 
materiel. 



XX. Germany-Italy-Japan 

(Signed at Berlin, September 27, 1940. New York Times, 

September 28, 1940) 

The governments of Germany, Italy and "Japan, 
considering it as a condition precedent of any last- 
ing peace that all nations of the world be given 
each its own proper place, have decided to stand by 
and co-operate with one another in regard to their 
efforts in greater East Asia and regions of Europe 
respectively wherein it is their prime purpose to 
establish and maintain a new order of things cal- 
culated to promote the mutual prosperity and wel- 
fare of the peoples concerned. 

Furthermore, it is the desire of the three gov- 
ernments to extend co-operation to such nations 
in other spheres of the world as may be inclined 
to put forth endeavors along lines similar to their 
own, in order that their ultimate aspirations for 
world peace may thus be realized. 

Accordingly, the governments of Germany, Italy 
and Japan have agreed as follows: 

Article One 

Japan recognizes and respects the leadership of 
Germany and Italy in establishment of a new order 
in Europe. 

Article Two 

Germany and Italy recognize and respect the 
leadership of Japan in the establishment of a new 
order in greater East Asia. 

99 



100 

Article Three 

Germany, Italy and Japan agree to co-operate in 
their efforts on aforesaid lines. They further un- 
dertake to assist one another with all political, eco- 
nomic and military means when one of the three 
contracting powers is attacked by a power at pres- 
ent not involved in the European war or in the 
Chinese-Japanese conflict. 

Article Four 

With the view to implementing the present pact, 
joint technical commissions, members which are to 
be appointed by the respective governments of Ger- 
many, Italy and Japan will meet without delay. 

Article Five 

Germany, Italy and Japan affirm that the afore- 
said terms do not in any way affect the political 
status which exists at present as between each of 
three contracting parties and Soviet Russia. 

Article Six 

The present pact shall come into effect imme- 
diately upon signature and shall remain in force 
10 years from the date of its coming into force. 
At the proper time before expiration of said term, 
the high contracting parties shall at the request 
of any of them enter into negotiations for its 
renewal. 

In faith whereof, the undersigned duly author- 
ized by their respective governments have signed 
this pact and have affixed hereto their signatures. 



101 

Done in triplicate at Berlin, the 27th day of Sep- 
tember, 1940, in the 18th year of the fascist era, 
corresponding to the 27th day of the ninth month 
of the 15th year of Showa (the reign of Emperor 
Hirohito). 



XXI. Airplane Travel in Combat Area 

(Federal Register, Vol. V, 2209) 

The following regulation lias been codified under 
Title 22: Foreign Relations (Chapter I: Depart- 
ment of State; Subchapter C: Neutrality; Part 
156: Travel), in accordance with the requirements 
of the Federal Register and the Code of Federal 
Regulations: 

§ 156.7 Airplanes belonging to Pan American Airways, 
Incorporated, etc. Airplanes belonging to Pan American 
Airways, Incorporated, and American citizens, members of 
the crew or passengers, traveling thereon, when proceeding 
between Lisbon and African ports south of 30° north lati- 
tude, may henceforth proceed into and through that portion 
of the combat area defined by the President in his procla- 
mation numbered 2410, of June 11, 1940, which is bounded 
as follows: 

Beginning at the intersection of the coast of Portugal with 
the meridian of 8°55' west longitude ; 

Thence due south to the parallel of 33° 10' north latitude; 

Thence due west to the meridian of 20° west longitude; 

Thence due north to the parallel of 37°05' north latitude; 

Thence due east to the coast of Portugal. 

(54 Stat. 7; 22 U. S. C, Supp. V, 245J-2 ; Proc. No. 
2410, June 11, 1940) 

Cordell Hull, 
Secretary of State. 
October 28, 1940. 

102 



XXII. The Neutrality of the United States in the 
War Between Italy and Greece 

(Dept, of State Bulletin, Vol. Ill, No. 73, November 16, 

1940) 

Proclamation of a State of War Between Italy 

and Greece 

by the president of the united states of america 

Whereas section 1 of the joint resolution of 
Congress approved November 4, 1939, provides in 
part as follows : 

"That whenever the President, or the Congress by con- 
current resolution, shall find that there exists a state of 
war between foreign states, and that it is necessary to pro- 
mote the security or preserve the peace of the United States 
or to protect the lives of citizens of the United States, the 
President shall issue a proclamation naming the states in- 
volved; and he shall, from time to time, by proclamation, 
name other states as and when they may become involved 
in the war." 

And whereas it is further provided by section 

13 of the said joint resolution that 

"The President may, from time to time, promulgate such 
rules and regulations, not inconsistent with law, as may be 
necessary and proper to carry out any of the provisions of 
this joint resolution; and he may exercise any power or 
authority conferred on him by this joint resolution through 
such officer or officers, or agency or agencies, as he shall 
direct." 

NOW, THEREFORE, I, PRANKLIN D. EOOSEVELT, 

President of the United States of America, acting 
under and by virtue of the authority conferred on 

103 



104 

me by the said joint resolution, do hereby proclaim 
that a state of war unhappily exists between Italy 
and Greece, and that it is necessary to promote the 
security and preserve the peace of the United 
States and to protect the lives of citizens of the 
United States. 

And I do hereby enjoin upon all officers of the 
United States, charged with the execution of the 
laws thereof, the utmost diligence in preventing 
violation of the said joint resolution and in bring- 
ing to trial and punishment any offenders against 
the same. 

And I do hereby delegate to the Secretary of 
State the power to exercise any power or authority 
conferred on me by the said joint resolution, as 
made effective by this my proclamation issued 
thereunder, which is not specifically delegated by 
Executive order to some other officer or agency of 
this Government, and the power to promulgate 
such rules and regulations not inconsistent with 
law as may be necessary and proper to carry out 
any of its provisions. 

In witness whereof, I have hereunto set mv 
hand and caused the seal of the United States of 
America to be affixed. 

Done at the City of Washington this fifteenth 

day of November in the year of our Lord nine- 
teen hundred and forty, and of the 

[seal] Independence of the United States of 
America the one hundred and sixty-fifth. 

Franklin D. Roosevelt 

By the President : 
Cordell Hull, 

Secretary of State. 



105 

Proclaiming the Neutrality of the United 
States in the War Between Italy, on the One 
Hand, and Greece, on the Other Hand 

Whereas a state of war unhappily exists between 
Italy, on the one hand, and Greece, on the other 
hand; 

Now, therefore, I, Franklin D. Boosevelt, 
President of the United States of America, in order 
to preserve the neutrality of the United States and 
of its citizens and of persons within its territory and 
jurisdiction, and to enforce its laws and treaties, 
and in order that all persons, being warned of the 
general tenor of the laws and treaties of the United 
States in this behalf, and of the law of nations, may 
thus be prevented from any violation of the same, 
do hereby declare and proclaim that all of the pro- 
visions of my proclamation of September 5, 1939, 
proclaiming the neutrality of the United States in 
a war between Germany and France ; Poland ; and 
the United Kingdom, India, Australia and New 
Zealand apply equally in respect to Greece. 

In witness whereof, I have hereunto set my 
hand and caused the seal of the United States of 
America to be affixed. 

Done at the City of Washington this fifteenth 

day of November in the year of our Lord nineteen 

hundred and forty, and of the Independ- 

[seal] ence of the United States of America 

the one hundred and sixty-fifth. 

Franklin D. Roosevelt 
By the President : 

Cordell Hull, 

Secretary of State. 



XXIII. Greenland 

(Dept. of State Bulletin, Vol. IV, No. 81, January 11, 1941) 

The United States has sent no troops to Green- 
land nor has it established any air or naval bases 
in that Danish Colony. 

The facts are as follows: 

In connection with the signature on August 4, 
1916 of the convention with Denmark for the ces- 
sion of the Danish West Indies, a declaration was 
made by the Secretary of State to the effect that 
the United States would not object to the extension 
by Denmark of her political and economic interests 
to the whole of Greenland. The United States has 
taken no action in Greenland which would impair 
the validity of this declaration. 

In 1920 the Government of the United States 
stated that it would not be disposed to recognize 
the right of a third government to acquire Green- 
land should the Danish Government desire to dis- 
pose of that territory. The occupation of Den- 
mark by German troops in April 1940 carried with 
it the potentialities of a new situation with respect 
to Greenland which required consideration by this 
Government in the light of the position which it 
assumed in 1920 and which it has continued to 
maintain. The occupation of Denmark also led 
to an approach to the Government of the United 
States by the Greenland authorities who expressed 
their concern over the effect upon Greenland of the 
course of events in Denmark by which Greenland 

106 



107 

had been deprived of free communication with 
Copenhagen, of the possibility of obtaining food 
and other supplies from Denmark, and of facilities 
for placing Greenland exports on the Danish 
market. 

In response to this approach and other requests 
made by the Greenland authorities on their own 
initiative, the Government of the United States 
with the full agreement of the Greenland authori- 
ties has taken the following steps, none of which 
has operated to the injury of any legitimate 
interests : 

1. An American Consulate was provisionally 
established at Godthaab to facilitate the handling 
of the numerous questions which have arisen with 
respect to the purchase in the United States of food 
and other supplies for Greenland and of the sale 
of Greenland products in this country. 

2. An American Red Cross representative was 
sent to Greenland to determine on the spot and 
in consultation with the Greenland authorities 
what relief was needed by the inhabitants of 
Greenland. 

3. In view of the heavy demands from many 
parts of the world for arms and ammunition manu- 
factured in this country, the Government of the 
United States has facilitated the purchase in the 
United States by the Greenland authorities of a 
quantity of arms for the use of the small number 
of policemen employed by the Greenland authori- 
ties to patrol the cryolite mine at Ivigtut, which is 
Greenland's major economic asset. 

414559—41 8 



XXIV. Memorandum on "Lease-Lend" Bill by 
the Secretary of State 

(New York Times, January 16, 1941) 

The State Department made public a memoran- 
dum concerning Secretary Hull's advising the 
House Foreign Affairs Committee that the "All 
Out" Aid-to-Britain Bill would not conflict with 
existing domestic and international law: 

The Secretary of State, the Hon. Cordell Hull, 
testifying before the Committee on Foreign Affairs 
of the House of Representatives today, was asked 
about the extent and manner in which the proposed 
measure, Bill H. R. 1776, affects existing law, both 
domestic and international. The Secretary of 
State answered as follows: 

Having in mind the provisions of section 3 (a) it follows 
that: 

(1) The Johnson Act 

This act would not appear to be involved for the reason 
that it does not apply to this government, or to a public 
corporation created by or in pursuance of special authoriza- 
tion of Congress, or to a corporation in which the govern- 
ment has or exercises a controlling interest, as for example 
the Export-Import Bank. 

(2) The Neutrality Act of 1939 

Section 7 of this act, which prohibits the extension of 
loans or credits to a belligerent government, is not by its 
terms made applicable to this government but it does apply 
to a corporation such as the Export-Import Bank. In any 
event the prohibition would be superseded by the new act 
iii so far as transactions by this government are concerned. 

108 



109 

(3) United States Code, Title 18 

Section 23 makes it unlawful to fit out or arm in the 
United States a vessel with intent that it shall be employed 
in the service of a foreign belligerent against a power or 
people with which the United States are at peace. 

Section 24 makes it unlawful to increase or augment in 
our ports the force of a ship of war or other armed vessel 
belonging to a belligerent power. 

Section 33 makes it unlawful during a war in which the 
United States is neutral to send out of our jurisdiction any 
vessel built, armed or equipped as a vessel of war for de- 
livery to a belligerent nation. 

These provisions would be superseded by the new act. 

(4) The Hague Convention of 1907 

Hague convention XIII of 1907 states in Article VI that 
the supply, in any manner, directly or indirectly, by a neu- 
tral power to a belligerent power, or warships, ammunition, 
or war material of any kind whatever, is forbidden. 

Article XVII states that in neutral ports belligerent war- 
ships "may only carry out such repairs as are absolutely 
necessary to render them seaworthy, and may not add in 
any manner whatsoever to their fighting force." 

Article XVIII states that belligerent warships may not 
make use of neutral ports for "replenishing or increasing 
their supplies of war material or their armament." 

The convention is not applicable to the present European 
war for the reason that it provides in Article XXVIII that 
it shall not apply unless "all the belligerents are parties to 
the convention." Great Britain and Italy are not parties 
to the convention. 

It may be urged that the provisions of the United States 
Code and the quoted provisions of the Hague Convention 
are declaratory of international law on the subjects men- 
tioned and that to do the things contemplated by the pro- 
posed act would render us unneutral. This would be largely 
true under ordinary circumstances, but we are not here deal- 
ing with an ordinary war situation. Rather we are con- 
fronted with a situation that is extraordinary in character. 



110 

The rules relating to the rights and duties of neutrals and 
those relating to the rights and duties of belligerents com- 
plement each other ; that is to say, belligerents are forbidden 
to do certain things which infringe the rights of neutrals and 
neutrals are forbidden to do certain things which prejudice 
the rights of belligerents. 

For example, The Hague Convention just referred to states 
in Article I that belligerents are bound to respect "the sov- 
ereign rights of neutral powers and to abstain, in neutral 
territory or neutral waters, from any act which would, if 
knowingly permitted by any power, constitute a violation 
of neutrality." Belligerents are forbidden to use neutral 
ports and waters as a base of naval operations against their 
adversaries. (Article V.) 

(5) Reich, Italy "Paid No Attention" 

Germany and Italy have paid no attention to such pro- 
visions, which are representative of international law on 
the subject, but have at will and without notice occupied by 
force the territory of neutral countries, and, having subju- 
gated those countries, are using their territories against their 
adversaries. 

One of these countries, namely Denmark, had a formal 
treaty, signed May 31, 1939, with Germany by which it was 
agreed that in no case would force be resorted to; another, 
namely Norway, had a formal assurance, on September 4, 
1939, from the German Government that under no circum- 
stances would Germany interfere with Norway's inviolabil- 
ity and integrity and that Norwegian territory would be 
respected. 

Neither agreement nor the law of neutrality served as 
any protection to these and other countries when it suited 
the convenience of the belligerents to occupy their terri- 
tories. Nothing but force has prevented these belligerents 
from carrying out their preconceived determination to con- 
quer and subjugate other peaceful countries and peoples. 

Their purpose of world-wide conquest has been boldly pro- 
claimed. They readily admit that their philosophy is in- 
consistent with and directly opposed to that of the democ- 
racies and insist that the latter is outmoded and must give 



Ill 

way to their own notions regarding the conduct of inter- 
national relations. 

Having in mind what has taken place and is taking place 
under our very eyes, it is idle for us to rely on the rules 
of neutrality or to feel that they afford us the slightest 
degree of security or protection. Nothing but a realistic 
view of current developments can be regarded as a sane 
view. 

Aside from the question of neutrality, which, as I have 
stated, has proved to be illusory when it has stood in the 
way of these ambitious aggressors, it is a recognized princi- 
ple, older than any rule of neutrality, that a state is entitled 
to defend itself against menaces from without as well as 
from within. This is the essence of sovereignty. It was 
definitely recognized by all the signers of the Kellogg- 
Briand Pact. 

We may be told that the invading powers have no designs 
on this hemisphere, but the countries which are now occupied 
by their military forces had similar assurances. Such assur- 
ances are mere words. We cannot, as prudent people, 
afford to rely upon such assurances and delay implementing 
our defense until we ascertain what in practice those aggres- 
sors have in mind. 

Some of the conquered countries, and others unconquered , 
have possessions near this continent. Are we to suppose that, 
if circumstances should permit, these possessions would not 
be occupied by the conquering nations and that they would 
not be used as bases from which to continue their quest for 
world domination — political and economic? 

Our interest, it seems to me, lies in taking nothing for 
granted. We are amply warranted, as a measure of self- 
defense and in the protection of our security, to allow sup- 
plies to go to the countries who are directly defending them- 
selves and indirectly defending us against the onrush of this 
unholy determination to conquer and dominate by force of 
arms. We are merely trying to protect ourselves against 
a situation which is not of our making and for the pre- 
vention of which we exerted our every energy. 



XXV. Lifting of "Moral Embargo" on Exports to 

U. S. S. R. 

(Dept. of State Bulletin, Vol. IV, No. 83, January 23, 1941) 

A communication reading as follows has been handed to 
the Soviet Ambassador, Constantine A. Oumansky : 

"Department of State, 
"Washington, January 21, 19^1. 
"My Dear Mr. Ambassador : 

"Following our recent conversations, I am happy to in- 
form you that the Government of the United States of 
America has decided that the policies set forth in the state- 
ment issued to the press by the President on December 2, 
1939, and generally referred to as the 'moral embargo', are 
no longer applicable to the Union of Soviet Socialist 
Kepublics. 

"This decision is being communicated to interested 
American manufacturers and exporters. 
"I am, my dear Mr. Oumansky, 
"Very sincerely yours, 

Sumner Welles" 
112 



XXVI. German Flag Incident 

(Dept. of State Bulletin, Vol. IV, No. 83, January 25, 1941) 

The Secretary of State made public on January 
21 the following exchange of notes with the German 
Embassy : 

[Translation] 

"The German Embassy, II S. F., 
"Washington, D. C, January 18, 19£1. 
"Mr. Secretary of State : 

"I have the honor to inform you of the following 
occurrence : 

"As the day of the founding of the German Reich in the 
year 1871, January 18 was declared a German national holi- 
day which is to be observed by the display of the German 
Reich flag by all German Reich offices in Germany as well 
as abroad. In conformity with the pertinent instructions 
issued by the German Reich Government the German Con- 
sul General in San Francisco today displayed the prescribed 
German Reich flag from his office. 

"The German Consul General in San Francisco has just 
informed me that the German Reich flag placed by him on 
his office was today at noon forcibly taken down from its 
staff by unknown persons in the presence of a large shouting 
throng of people and was torn to pieces by the throng. The 
perpetrator or perpetrators appear to have climbed by the 
fire-escape up to the ninth floor of the office building hous- 
ing the Consulate General, without being prevented from 
doing so by the local police. 

"In the name of the German Reich Government I make 
the most emphatic protest against this act which represents 
a serious violation of the right, prescribed by treaty and 
recognized in international law, of the German Consul Gen- 
eral in San Francisco to raise the German Reich flag over 
his office. I am permitted to express the expectation that 

113 



114 

the Government of the United States will adopt all appro- 
priate measures to bring the perpetrators to responsibility 
and to submit them to merited punishment and that the 
Government of the United States will also take all appro- 
priate steps in order to prevent a repetition of occurrences 
of this nature. 

"I request your Excellency to make it possible for me 
immediately to furnish my Government with a report in 
this regard. 

"Accept [etc.] Thomsen" 



"January 19, 1941. 
"My Dear Mr. Charge d'affaires : 

"I have received your note of January 18, 1941 regarding 
a report reaching you from the German Consul General in 
San Francisco that the German Reich flag was forcibly 
taken down by unknown persons from the ninth floor of the 
office building housing the Consulate General. 

"I hasten to express the regret of the Government of the 
United States at such an incident and have requested that 
the appropriate agencies of this Government should make 
an immediate investigation, after which I shall communicate 
with you again. 

"I remain, Mr. Charge d'Affaires, 
"Very sincerely yours, 

Cordell Hull" 



XXVII. Italian Air Attack on American Mission- 
aries in Anglo-Egyptian Sudan 

(Dept. of State Bulletin, Vol. IV, No. 84, February 1, 1941) 

On August 30, 1940, the American Legation at 
Cairo reported the receipt of information from the 
Sudan government authorities concerning an attack 
from the air upon a station of the Sudan Interior 
Mission at Doro, Upper Nile Province, which took 
place on August 23, as a result of which Dr. and 
Mrs. Robert Grieve were killed and Mr. and Mrs. 
Kenneth Oglesby were wounded. All of the victims 
were citizens of the United States. 

As a consequence of the occurrence, the Ameri- 
can Charge d' Affaires ad interim at Rome, acting 
under instructions from the Department, delivered 
the following communication to the Italian Gov- 
ernment on November 1, 1940 : 

"On August 23, 1940, shortly after nine o'clock in the 
morning, two Italian aircraft attacked the compound of the 
Sudan Interior Mission at Doro in the Anglo-Egyptian 
Sudan, resulting in the killing of Dr. and Mrs. Robert C. 
Grieve and the wounding of the Reverend and Mrs. C. K. 
Oglesby, all American citizens. 

"As soon as my Government learned of the occurrence, 
the American Legation at Cairo was instructed to make a 
most thorough investigation of all the facts and circum- 
stances concerning the incident so far as might be possible, 
based in particular on eye-witness sources. That investiga- 
tion has now been completed and, under instructions of my 
Government, I have been directed to acquaint the Royal 
Italian Government with what follows. 

"An American branch of the Sudan Interior Mission, an 
international missionary organization with American, Brit- 

115 



116 

isli and Canadian branches, has been established for some 
time at Doro, with a mission station also at Chali. For 
some six months prior to August 23, 1040, the mission at 
Doro consisted of the Reverend and Mrs. C. K. Oglesby, 
Dr. and Mrs. R. C. Grieve, all American citizens, and Miss 
Zullah Walsh, a British subject, ordinarily resident of 
Australia. 

"Doro, like Chali, is a small open undefended village and, 
apart from the mission compound, is exclusively native. 
There are no military or police posts at Doro mission station 
or in the village of Doro or any military works of any char- 
acter. The village itself consists of some 15 native tukls. 

"Mr. Malcolm I. Forsberg, an American citizen, of the 
Sudan Interior Mission at Chali has declared in a sworn 
affidavit that 'having learned from three Greek traders from 
Kurmuk passing through Chali on their way to Melut of 
disorders in the Kurmuk area and bearing in mind the near- 
ness of Chali and Doro to Kurmuk', he addressed on July 
27, 1910, a letter to the Commander, Italian Army at Dul, 
Ethiopia, reading as follows : 
"'Sir: 

" 'This is to inform you that there are two men one woman 
and a child at Chali all of whom are Americans. There are 
two men and three women at Doro one young lady of whom 
is Australian. The rest are Americans. We are engaged 
solely in missionary work among the Uduk and Maban 
tribes. We have placed an American flag on one of the 
houses at Chali. 

" 'Sincerely yours, 

" 'M. I. Forsberg, 
" 'Sudan Interior Mission? 

"According to Mr. Forsberg's affidavit, he received on 
August 5, 1940 the following communication dated August 
2, 1940 from the Commander Italian Army, Kurmuk 
(signature illegible) : 

" 'Mr. M. I. Forsberg, 

" 'Sudan Interior Mission, 
" 'Chali. 

" 'I have received your letter of which I understand the 
presence of your mission in my territory. I shall be glad 



117 

to see you all, men and women, here at Kurmuk every one 
with his own passport. I hope that the travel by Chali and 
Doro to Kurmuk may afford like to you. Please accept my 
best wishes to ladies and my salutations to gentlemen. 

" 'Commander Italian army Kurmuk.' 
"On August 5, date of receipt of the foregoing, Mr. Fors- 
berg, according to his sworn statement, sent the following 
reply to the Italian Commander at Kurmuk : 

" 'The Commander 

" 'Italian Army at Kurmuk. 
"'Dear Sir: 

" 'I received your letter of August 2, 1940, today. I will 
send word concerning your wishes to our missionaries in 
Doro. It will be a number of days before we can get an 
answer from them. We have no means to take us to Kur- 
muk. It would be dangerous for the child and for the ladies 
to travel in the wet now when there is malaria. One of the 
ladies at Doro (near Boin) is going to have a baby and is 
very ill from that. She also is just recovering from Malaria. 
It would be very hard for her to travel now. We will ap- 
preciate it if you will let us stay in our houses at Chali and 
Doro until you occupy this territory. 
" 'Sincerely yours, 

" 'M. I. Forsberg, 
" * Sudan Interior Mission? 

"Mr. Forsberg further avers that following the despatch 
of the letter quoted above 'he received no communication 
from the Italian military authorities'. According to other 
information, it appears that the mission at Doro had had 
at no time any communication with the Italian military 
authorities. 

"At about 9 : 15 a. m. on August 23, 1940 members of the 
mission station at Doro were attracted by the sound of 
aircraft engines. Upon an observation of the sky, two air- 
craft were to be seen about a mile distant flying apparently 
in a westerly direction along and over the approximate 
course of the Yabus River, whose nearest point is about a 
mile from the southern boundary of the mission compound. 

"As a result of the noise made by the aircraft engines, 
Dr. and Mrs. Grieve and the Reverend and Mrs. Oglesby 



118 

left their houses and stood together on the open ground 
to observe the airplanes. Miss Walsh was standing on the 
porch along the south side of her house. 

"Suddenly the two airplanes changed their course toward 
the compound. As they did so, Dr. Grieve and Mr. Oglesby 
held extended a United States flag, measuring some six by 
four feet, while their wives stood a little distance south of 
them. 

"The two aircraft, ftying one after the other, crossed the 
southern boundary of the compound at a height of not more 
than one thousand feet, possibly less, inasmuch as the details 
of the planes were plainly distinguishable from the ground. 
In an affidavit of Mr. Oglesby the aircraft are described as 
Italian single-engined bi-planes. It is added that the ver- 
tical tricolor national markings were painted upon the tail 
fins of the aircraft. 

"When the aircraft were only a short distance from the 
four Americans standing in the open, the second airplane, 
flying slightly to the west of the airplane in the lead, dived 
toward the group discharging its bombs. There were three 
almost simultaneous explosions. 

"The airplanes flew over the eastern corner of Miss Walsh's 
house in a northeasterly direction, passing over the native 
village where at least two more bombs were dropped which 
fell in the fields. 

"Dr. and Mrs. Grieve were struck by the first bombs, Dr. 
Grieve having fallen partly covered by the United States 
flag, which was perforated by shrapnel or bomb splinters 
in no less than twenty-four places. Mr. and Mrs. Oglesby 
were wounded, Mr. Oglesby only slightly in the shoulders, 
but Mrs. Oglesby had sustained about thirty small shrapnel 
wounds on the arms and in the back with three major 
wounds in the legs and was still reported suffering from 
mental shock as late as October 21, 1940. 

"The airplanes almost immediately afterward returned 
and dropped a considerable additional number of bombs. 
They then departed in an easterly direction. 

"When the airplanes had finally departed Mr. and Mrs. 
Oglesby were assisted into their house, while Dr. and Mrs. 
Grieve were carried into the clinic. Dr. Grieve died at 



119 

about 10 : 30 a. m. and Mrs. Grieve that same day about 5 : 30 
p. m. 

"Altogether a considerable number of bombs, some high 
explosive and some incendiary, were dropped in or around 
the mission compound. The first salvo of three bombs were 
high explosive or shrapnel bombs while an incendiary bomb 
destroyed a house belonging to the Keverend and Mrs. 
Oglesby. 

"From the above facts it is clear that : 

"The airplanes making the attack were Italian, in accord- 
ance with the sworn statements of two eye-witnesses. 

"The Italian military authorities at Kurmuk had knowl- 
edge prior to the attack on Doro of the presence there of 
American missionaries and of their non-combatant character. 

"Doro is an open undefended village with no military or 
police posts or any military works of any character. 

"The attack on Doro by Italian airplanes was consequently 
a deliberate and wanton assault on a non-military objective 
and on non-combatant civilians, including four American 
citizens. 

"My Government is confident that the Royal Italian Gov- 
ernment will promptly condemn the acts of those responsible 
for the brutal unprovoked attack against the four American 
citizens concerned and that prompt steps will be taken to 
punish those guilty of an outrage shocking to all those who 
continue to preserve any respect for the principles of civil- 
ized behavior. My Government must of course make full 
reservations concerning the subsequent entering of claims 
for compensation for the killing of Dr. and Mrs. Grieve, 
the wounding of the Reverend and Mrs. Oglesby and for 
any property damage suffered by American interests." 

The following interim reply, dated November 6, 
1940, was received from the Foreign Office by the 
Embassy at Rome: 

"Detailed information in the premises has been requested 
of the competent military authorities. 

"However, as it relates to facts supposed to have occurred 
more than two months ago in a distant locality it is very 



120 

probable that a report on the matter cannot be received for 
sometime. 

"Much more expeditious procedure on the part of North 
America [sic] would have been to have requested informa- 
tion concerning the bombardments in question simultane- 
ously from Cairo and from Borne. 

"That among other things would probably have resulted 
in a composition different from your note of November 1 
which in its concluding portion contains criticisms of the 
Italian armed forces winch cannot but be rejected in totoP 

No further communication on the subject has 
been received from the Italian Government. 



XXVIII. Air Attack on American Missionaries in 
Anglo-Egyptian Sudan (Continued) 

(Dept. of State Bulletin, Vol. IV, No. 86, February 15, 1941) 

A more detailed note from the Italian Govern- 
ment addressed to the American Embassy in Home 
has bsen received in response to an American pro- 
test concerning an attack from the air upon a sta- 
tion of the Sudan Interior Mission at Doro, Upper 
Nile province, which took place on August 23, 1940. 
The note verbal, with its enclosure dated January 
31, 1941, reads as follows : 

"With reference to the Embassy's letter of November 1, 
1940, the Ministry of Foreign Affairs has the honor to en- 
close a copy of the report from the competent Italian mili- 
tary authorities regarding the alleged bombardment of Doro. 
The said authorities after careful investigation state that 
it is to be excluded that the air action in question was car- 
ried out by Italian airplanes and emphasize the point that 
the Government of the Province concerned had in fact given 
orders that the two missions whose presence at Doro and 
Chali was perfectly well known should be left undisturbed 
where they were." 

The translation of the enclosure with the Italian 
note verbal follows : 

"The careful investigation immediately ordered by the 
high command in Italian East Africa has given the fol- 
lowing results : 

" 'At Chali (Kurmuk) there is a group of American mis- 
sionaries composed of two men, one woman and one boy; 
another group of American missionaries composed of two 
men and three women carries on its work at Doro. 

" 'These missionaries in due time informed the commander 
of the Kurmuk garrison that they belonged to the Sudan 

121 



122 

Interior Mission and that they were engaged in religious 
work exclusively. 

" 'The Galla Sidama Government gave instructions that 
these missions be left undisturbed where they are. 

" 'The report of the bombardment of the said mission as 
broadcast by the British is in so far as we are concerned 
unfounded. 

" 'The Galla Sidama Government has caused an investi- 
gation to be made and states that it is to be excluded. We 
have twice bombarded the locality of Daga River Post and 
there is corroborating proof that this was the locality and 
not another. Furthermore the dates on which the bombard- 
ments took place do not coincide. 

" 'The crews of the planes which carried out this action 
likewise confirm that the locality bombarded was beyond 
possibility of mistake Daga River Post (which is easily 
identifiable because of its location on the Daga River) , and 
not Doro. 

" 'The only matter which is known to us is that during 
our first bombardment of Kurmuk (then British) on July 
13th last a missionary who was in that locality was wounded 
in the shoulder but not seriously." 



XXIX. Declarations of War by Belligerent 

Countries 

(Dept. of State Bulletin, Vol. IV, No. 88, March 1, 1941) 

The following table sets forth declarations of 
war, recognitions of the existence of a state of war, 
etc., in the European war beginning in 1939. In 
addition to the cases enumerated below of declara- 
tions of war or of the names of countries at war 
mentioned in the President's proclamations, there 
are some instances of proclamations by governors 
of the various units of the British Empire and of 
colonial possessions of The Netherlands of the exist- 
ence of a state of war with Germany or Italy or 
both. 

123 



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XXX. Closing of Two Italian Consulates in the 

United States 

(Dept, of State Bulletin, Vol. IV, No. 89, March 8, 1941) 

On March 5, 1941, the Secretary of State sent 
the following note to His Excellency the Royal 
Italian Ambassador, Don Ascanio dei principi 
Colonna : 

"The Secretary of State presents his compliments to His 
Excellency the Royal Italian Ambassador and has the honor 
to refer to his oral communication of February 12, 1941, 
with respect to the Italian Government's request that the 
Consulates now established at Palermo and Naples should 
be moved to a place as far north as Rome or farther north, 
and to a place which was not on the sea coast. 

"Instructions to these offices of the American Govern- 
ment have been issued in accordance with this request and 
the supervisory consulate general of the United States in 
Italy is being established in Rome. 

"The Secretary of State avails himself of this opportunity 
to make request of the Italian Ambassador that all officials 
of his Government within the territory of the United States 
will confine their movements to those areas in which they 
exercise the recognized duties of their respective offices. 
This request does not include the personnel of the Italian 
Embassy in Washington whose names appear on the Diplo- 
matic List. It would be appreciated, however, if the Italian 
Ambassador would keep the Department of State currently 
informed of the movements outside of Washington of the 
military and naval personnel attached to the Italian 
Embassy. 

"As regards the Italian consular offices at Newark, New 
Jersey, and Detroit, Michigan, the Italian Ambassador is 
informed that the American Ambassador in Rome has been 
requested to convey orally to the appropriate Italian authori- 

130 



131 

ties the desire of the United States Government that these 
offices should be closed and that the Italian personnel be 
withdrawn from these places. Should they remain within 
the jurisdiction of the United States the Department of 
State should be kept fully informed of their place of 
residence." 



XXXI. An Act to Promote the Defense of the 

United States 

Approved March 11, 1941 

(Public Law 11, 77th Cong., Chap. 11, 1st Sess. [H. K. 1776]) 

Be it enacted by the Senate and House of Repre- 
sentatives of the United States of America in Con- 
gress assembled, That this Act may b3 cited as " An 
Act to Promote the Defense of the United States.' 7 

Sec. 2. As used in this Act— 

(a) The term "defense article" means — 

(1) Any weapon, munition, aircraft, vessel, or boat; 

(2) Any machinery, facility, tool, material, or supply 
necessary for the manufacture, production, processing, re- 
pair, servicing, or operation of any article described in this 
subsection ; 

(3) Any component material or part of or equipment for 
any article described in this subsection; 

(4) Any agricultural, industrial or other commodity or 
article for defense. 

Such term "defense article" includes any article 
described in this subsection : Manufactured or pro- 
cured pursuant to Section 3, or to which the United 
States or any foreign government has or hereafter 
acquires title, possession, or control. 

(b) The term " defense information" means any 
plan, specification, design, prototype, or informa- 
tion pertaining to any defense article. 

Sec. 3. (a) Notwithstanding the provisions of 
any other law, the President may, from time to 
time, when he deems it in the interest of national 
defense, authorize the Secretary of War, the Sec- 

132 



133 

retary of the Navy, or the head of any other depart- 
ment or agency of the Government — 

(1) To manufacture in arsenals, factories, and shipyards 
under their jurisdiction, or otherwise procure, to the extent 
to which funds are made available therefor, or contracts are 
authorized from time to time by the Congress, or both, any 
defense article for the government of any country whose 
defense the President deems vital to the defense of the 
United States. 

(2) To sell, transfer title to, exchange, lease, lend, or 
otherwise dispose of, to any such government any defense 
article, but no defense article not manufactured or procured 
under paragraph (1) shall in any way be disposed of under 
this paragraph, except after consultation with the Chief 
of Staff of the Army or the Chief of Naval Operations of 
the Navy, or both. The value of defense articles disposed 
of in any way under authority of this paragraph, and pro- 
cured from funds heretofore appropriated, shall not exceed 
$1,300,000,000. The value of such defense articles shall be 
determined by the head of the department or agency con- 
cerned or such other department, agency or officer as shall 
be designated in the manner provided in the rules and regu- 
lations issued hereunder. Defense articles procured from 
funds hereafter appropriated to any department or agency 
of the Government, other than from funds authorized to 
be appropriated under this Act, shall not be disposed of in 
any way under authority of this paragraph except to the 
extent hereafter authorized by the Congress in the Acts 
appropriating such funds or otherwise. 

(3) To test, inspect, prove, repair, outfit, recondition, or 
otherwise to place in good working order, to the extent to 
which funds are made available therefor, or contracts are 
authorized from time to time by the Congress, or both, 
any defense article for any such government, or to procure 
any or all such services by private contract. 

(4) To communicate to any such government any de- 
fense information, pertaining to any defense article fur- 
nished to such government under paragraph (2) of this 
subsection. 



134 

(5) To release for export any defense article disposed of 
in any way under this subsection to any such government. 

(b) The terms and conditions upon which any- 
such foreign government receives any aid author- 
ized under subsection (a) shall be those which the 
President deems satisfactory, and the benefit to 
the United States may be payment or repayment in 
kind or property, or any other direct or indirect 
benefit which the President deems satisfactory. 

(c) After June 30, 1943, or after the passage of 
a concurrent resolution by the two Houses before 
June 30, 1943, which declares that the powers con- 
ferred by or pursuant to subsection (a) are no 
longer necessary to promote the defense of the 
United States, neither the President nor the head 
of any department or agency shall exercise any of 
the powers conferred by or pursuant to subsection 
(a) ; except that until July 1, 1946, any of such 
powers may be exercised to the extent necessary to 
carry out a contract or agreement with such a for- 
eign government made before July 1, 1943, or before 
the passage of such concurrent resolution, which- 
ever is the earlier. 

(d) Nothing in this Act shall be construed to 
authorize or to permit the authorization of convoy- 
ing vessels by naval vessels of the United States. 

(e) Nothing in this Act shall be construed to au- 
thorize or to permit the authorization of the entry 
of any American vessel into a combat area in vio- 
lation of Section 3 of the Neutrality Act of 1939. 

Sec. 4. All contracts or aggreements made for 
the disposition of any defense article or defense in- 
formation pursuant to Section 3 shall contain a 
clause by which the foreign government undertakes 



135 

that it will not, without the consent of the Presi- 
dent, transfer title to or possession of such defense 
article or defense information by gift, sale, or 
otherwise, or permit its use by anyone not an officer, 
employee, or agent of such foreign government. 

Sec. 5. (a) The Secretary of War, the Secre- 
tary of the Navy, or the head of any other depart- 
ment or agency of the Government involved shall, 
when any such defense article or defense informa- 
tion is exported, immediately inform the depart- 
ment or agency designated by the President to ad- 
minister Section 6 of the Act of July 2, 1940 (54 
Stat. 714), of the quantities, character, value,, 
terms of disposition, and destination of the article 
and information so exported. 

(b) The President from time to time, but not 
less frequently than once every ninety days, shall 
transmit to the Congress a report of operations 
under this Act except such information as he 
deems incompatible with the public interest to dis- 
close. Reports provided for under this subsection 
shall be transmitted to the Secretary of the Senate 
or the Clerk of the House of Representatives, as 
the case may be, if the Senate or the House of Rep- 
resentatives, as the case may be, is not in session. 

Sec. 6. (a) There is hereby authorized to be ap- 
propriated from time to time, out of any money in 
the Treasury not otherwise appropriated, such 
amounts as may be necessary to carry out the pro- 
visions and accomplish the purposes of this Act. 

(b) All money and all property which is con- 
verted into money received under Section 3 from 
any government shall, with the approval of the 
Director of the Budget, revert to the respective ap- 



136 

propriation or appropriations out of which funds 
were expended with respect to the defense article 
or defense information for which such considera- 
tion is received, and shall be available for expendi- 
ture for the purpose for which such expended 
funds were appropriated by law, during the fiscal 
year in which such funds are received and the en- 
suing fiscal year ; but in no event shall any funds 
so received be available for expenditure after June 
30, 1946. 

Sec. 7. The Secretary of War, the Secretary of 
the Navy, and the head of the department or 
agency shall in all contracts or agreements for the 
disposition of any defense article or defense in- 
formation fully protect the rights of all citizens 
of the United States who have patent rights in 
and to any such article or information which is 
hereby authorized to be disposed of and the pay- 
ments collected for royalties on such patents shall 
be paid to the owners and holders of such patents. 

Sec. 8. The Secretaries of War and of the Navy 
are hereby authorized to purchase or otherwise 
acquire arms, ammunition, and implements of war 
produced within the jurisdiction of any country 
to which Section 3 is applicable, whenever the 
President deems such purchase or acquisition to 
be necessary in the interests of the defense of the 
United States. 

Sec. 9. The President may, from time to time, 
promulgate such rules and regulations as may be 
necessary and proper to carry out any of the pro- 
visions of this Act. 



XXXII. Naval Vessels on the Great Lakes 

(Dept. of State Bulletin, Vol. IV, No. 92, March 29, 1941) 

The Secretary of State made public on March 
24 the following exchanges of notes between the 
American Legation at Ottawa and the Canadian 
Under Secretary of State for External Affairs, 
Dr. O.D. Skelton: 

"Ottawa, Canada, 

June 9, 1939. 
"My Dear Dr. Skelton : 

"In a confidential letter addressed to the Secretary of 
State on January 31, 1939, Admiral Leahy, the Acting 
Secretary of the Navy, raised certain questions regarding the 
Rush-Bagot Agreement of 1817. Among other things, Ad- 
miral Leahy requested the views of Mr. Hull concerning the 
mounting of two 4-inch guns on each of the American naval 
vessels on the Great Lakes, to be used in firing target prac- 
tice in connection with the training of naval reserves. He 
inquired, if this was considered improper, concerning the 
possibility of modifying the Rush-Bagot Agreement to per- 
mit this practice. The question was subsequently the sub- 
ject of informal conversations between officers of our State 
and Navy Departments. 

"After careful consideration of the problem, Mr. Hull 
is inclined to the opinion that a modification of the Rush- 
Bagot Agreement would be undesirable at this time. It is 
clear from a study of the documents relating to the negotia- 
tion of the Agreement and its early history that the objec- 
tive of the negotiators was to provide a solution of an 
immediate and urgent problem arising out of the war of 
1812 and the terms of the Agreement themslves support the 
view that its indefinite continuation in force was not an- 
ticipated. Consequently, from a naval standpoint, its pro- 
visions have long been out of date, but in spite of numerous 

137 



138 

vicissitudes the Agreement itself has survived unchanged for 
more than one hundred and twenty years and, with the 
passage of time, has assumed a symbolic importance in the 
eyes of our own and Canadian citizens. It is true that 
shortly after the World War modification of the Agreement 
was studied in this country and in Canada, with a view to 
making its provisions conform more closely to modern con- 
ditions, and a stage was even reached where the Governments 
exchanged drafts of suggested changes. The proposed 
changes were never actually agreed upon, however, and 
Mr. Hull is inclined to think that the two Governments were 
wise to allow the matter to fall into abeyance, since it is 
highly debatable whether the realization of their limited 
objectives would have compensated for the disappearance of 
the 1817 Agreement as a symbol of the friendly relations 
between the two countries for over a century. 

"It was perhaps inevitable that an agreement, the tech- 
nical provisions of which became obsolete more than half 
a century ago, should from time to time have been subjected 
to what may have been considered technical violations by 
both parties, and of such instances there is a clear record. 
We believe it can be successfully maintained, however, that 
without a degree of tolerance the Agreement could scarcely 
have survived to the present day in its original form. But 
it is a fact of equal significance that even when the two 
Governments felt compelled to depart from a strict observ- 
ance of its terms they were concerned that the spirit under- 
lying it should be preserved. 

"I understand from information furnished by our Navy 
Department that the following five vessels of the United 
States Navy are now serving on the Great Lakes : 



Ship 


Launch- 
ed 


Present Location 


Displace- 
ment 


Battery 


Dubuque _ _ . 

Hawk 

Paducah 

Wilmington 

Wilmette 


1905 
1891 
1905 
1897 
1903 


Detroit _ _ _ 
Michigan City__ 

Duluth 

Toledo 

Chicago — _- 


1,085 
375 
1,085 
1,392 
2,600 


None. 
None. 
None. 
None. 

4-4'750,2-3"/5O 
A. A., 2-1 pdr. 



139 

"In a number of respects the presence there of these ves- 
sels may not be considered entirely in keeping with a literal 
interpretation of the Rush-Bagot Agreement. On the other 
hand, it seems proper to take into account the fact that the 
vessels of our Navy now on the Great Lakes are there with 
the knowledge of the Canadian Government, written per- 
mission having been obtained for the passage of four of 
them through the Canadian canals en route to their stations. 
The case of the Wilmette is somewhat different, this vessel 
having been constructed on the lakes as a commercial vessel 
and subsequently taken over by our Navy during the World 
War. 

"In considering the number and size, disposition, functions 
and armaments of naval vessels in relation to the provisions 
of the Rush-Bagot Agreement, it is Mr. Hull's view, with 
which I feel sure you will agree, that the primary concern 
of both Governments is to maintain at all costs the spirit 
which underlies that Agreement and which is representative 
of the feelings of the Canadian and American people toward 
each other. With that clear objective in mind, Mr. Hull 
wishes me to make the following observations. 

"(1) Number and size of vessels. As indicated above, 
the United States Navy now has five vessels, all 'unclassified', 
on the Great Lakes. In the discussion of this problem be- 
tween officials of the State and Nav}^ Departments, the fact 
was brought out that approximately one third of the na- 
tional naval reserve personnel in the United States is con- 
centrated in the region of which Chicago is the center. The 
need for adequate training of this personnel is clear and I 
am given to understand that even with our present five ves- 
sels on the Great Lakes our facilities are strained. A pos- 
sible alternative would be to transport these reserves to the 
Atlantic Coast every summer for the customary two weeks' 
training period, but I am told that the cost of so transport- 
ing even a small fraction of these reserves would in all prob- 
ability be prohibitive. In the circumstances and in view 
of the fact that these five vessels have been maintained on 
the Great Lakes since the war without objection on the part 
of the Canadian Government, Mr. Hull is inclined to think 
that the withdrawal of one of them would not be necessary. 

414559—41 10 



140 

"Mr. Hull would be reluctant, however, to see American 
vessels on the Great Lakes increased beyond the present 
number, omitting from this calculation vessels which are 
'retained immobile' and used solely as floating barracks for 
naval reserves. The Canadian Government has in the past 
given permission for vessels of the latter category to be 
maintained on the Great Lakes and, it is hoped, would give 
sympathetic consideration to any similar requests which 
might be made in the future. 

"It is my understanding that the Sacramento, a vessel of 
1,140 tons launched in 1914 and similar in size and type to 
vessels already on the Great Lakes, is now returning from 
China, her usefulness as an active naval vessel in regular 
commission having passed. I am informed that the Navy 
Department will probably wish this vessel to take the place 
of the Hawk, but that this will not involve an increase in 
the number of our naval vessels on the lakes. A formal 
request of your Government for permission for this vessel 
to proceed to the Great Lakes through Canadian waters will 
be made in due course. 

"With regard to the size of these vessels, it has been 
noted that all are of more than one hundred tons burden, 
the limit imposed by the Agreement. The change from 
wood to steel around the middle of the last century, along 
with other factors, contributed toward rendering this part 
of the Agreement obsolete. To our knowledge no objection 
has been taken by the Canadian Government to the pres- 
ence on the Great Lakes of naval vessels of more than one 
hundred tons burden and there would be no inclination to 
question the maintenance by Canada of vessels similar to 
ours now operating there. It appears to have been the 
practice of our Navy Department for many years to station 
on the Great Lakes only 'unclassified' vessels that have long 
since outlived their usefulness in terms of modern warfare 
and that have a draft of not more than fourteen feet. I 
understand that these vessels have and could have no use 
except to provide elementary training for naval reserves. 
Mr. Hull believes that it would be desirable to continue this 
policy, which goes beyond the objectives of the 1817 Agree- 
ment, but which is so clearly in keeping with the present 



141 

temper of public opinion. He is so informing the Navy 
Department. 

"(2) Disposition of Vessels. At the time the Kush-Bagot 
Agreement was negotiated the Great Lakes were independent 
inland waters with no navigable connection betwen them 
and the ocean or, in most cases, between the lakes themselves. 
This geogrgaphical fact was no doubt largely responsible for 
the provision of the Agreement which allotted one vessel to 
Lake Champlain, one to Lake Ontario and two to the so- 
called 'Upper Lakes'. That situation, of course, no longer 
exists, and Mr. Hull would not regard it as unreasonable 
or contrary to the spirit of the Kush-Bagot Agreement to 
have the naval vessels of each party move freely in the Great 
Lakes basin or to 'maintain 5 them at any port or ports in 
the Lakes. Were the Canadian Government to act in ac- 
cordance with such an interpretation, it is certain that no 
objection would be taken. 

"(3) Functions of the Vessels. In his letter of January 
31, last, Admiral Leahy inquired whether the firing of target 
practice on the Great Lakes was consistent with the pro- 
visions of the Kush-Bagot Agreement. Since the Agree- 
ment is silent with respect to the functions of the naval 
vessels maintained by the two parties on the Great Lakes, 
other than to state that the naval force of each party is to 
be restricted to such services as will in no respect interfere 
with the proper duties of the armed vessels of the other 
party, it is clearly within the letter as well as the spirit of 
the Agreement for the naval vessels of both parties to be 
employed in the training of naval reserves or in any other 
normal activity, including the firing of target practice, 
within their respective territorial water. Mr. Hull is so 
informing the Navy Department, 

"(4) Armaments. In Admiral Leahy's letter, the hope 
was expressed that the Kush-Bagot Agreement might be 
modified so as to permit each of our naval vessels to carry 
not over two 4-inch guns. 

"The Agreement itself provides that each of the naval 
vessels maintained by each Government may carry one 18- 
pound cannon. It is my understanding that the shell for a 
3 -inch gun weighs approximately fourteen pounds and the 



142 

shell for a 4-inch gun approximately thirty pounds. It 
would therefore be within the scope of the Agreement for 
each of the naval vessels in question to carry one 3-inch 
gun. In the discussions between officers of the State and 
Navy Departments, however, it was brought out that since 
the 4-inch gun is now what is considered 'standard equip- 
ment', whereas the 3-inch gun is not, the use of the former 
is much more desirable from the point of view of giving 
adequate training to our naval reserves. 

"After careful consideration of this problem, Mr. Hull is 
of the opinion that the following proposal would be in 
harmony with the spirit of the Rush-Bagot Agreement; 
namely, the placing of two 4-inch guns on each of three 
naval vessels on the Great Lakes, and the removal of all other 
armaments, subject to certain conditions. These are that 
the firing of target practice be confined to the territorial 
waters of the United States, and that the 4-inch guns be dis- 
mantled except in the summer season during the period of 
the training of naval reserves. 

"There remains a question which is of definite interest to 
both Governments, namely, the construction of naval vessels 
in shipyards situated on the Great Lakes. The State De- 
partment has recently received renewed inquiries on this 
question. 

"The Rush-Bagot Agreement, after providing for the 
maintenance of four naval vessels of each party on the Great 
Lakes, stipulated that 

" 'All other armed vessels on those lakes shall be forth- 
with dismantled and no other vessels of war shall be there 
built or armed.' 

"The provision just quoted should, Mr. Hull believes, be 
read in the light of the geographical factor to which ref- 
erence has already been made. At a time when there was no 
navigable connection between the Great Lakes and the At- 
lantic Ocean, it was obvious that naval vessels constructed 
on the lakes could only be intended for use in those waters. 
Mr. Hull is satisfied that it was this contingency alone which 
the contracting parties wished to guard against, for no evi- 
dence whatever exists to suggest that either party at any 



143 

time considered that the Agreement should affect the naval 
forces of the two countries outside the Great Lakes area. 

"In the circumstances, Mr. Hull believes that it would be 
entirely in harmony with the intent of the negotiators and 
the spirit of the Agreement for either country to permit 
naval vessels, unquestionably intended for tidewater service 
only, to be constructed in shipyards situated on the Great 
Lakes. In order carefully to preserve the intent of the 
Agreement, however, it is believed that prior to the com- 
mencement of construction each Government should provide 
the other with full information concerning any naval vessels 
to be constructed at Great Lakes ports; that such vessels 
should immediately be removed from the lakes upon their 
completion; and that no armaments whatever should be 
installed until the vessels reach the seaboard. 

"I shall be happy to receive for Mr. Hull's informal and 
confidential information any observations which you may 
wish to make with regard to the questions touched on in 
this letter. 

"Sincerely yours, 

Daniel C. Roper" 



"Ottawa, 10th June, 1939. 
"My Dear Mr. Roper : 

"I have consulted the Acting Prime Minister and Secre- 
tary of State for External Affairs and the Department of 
National Defence concerning your informal letter of June 
9th, 1939, which conveys the observations of the Secretary 
of State of the United States upon certain questions raised 
by the United States Navy Department regarding the Rush- 
Bagot Agreement of 1817. 

"The Canadian Government concur fully in the desira- 
bility of preserving this long-standing Agreement which has 
been of such inestimable value in furthering the ideals of 
good neighborhood in this region of the world. It is also 
recognised that the great changes in technical, industrial, 
water transport and population conditions which have oc- 
curred in the meantime, while in no sense altering the desire 



144 

of both peoples to maintain the underlying spirit and ob- 
jective of the Agreement, have rendered its technical scheme 
and definitions somewhat out of date. It might be urged 
that the logical method of dealing with the changed situa- 
tion would be the conclusion of some formal revision of the 
Agreement, but it is further recognised that the drafting 
of a new document which would cover present and future 
considerations of interest to both countries might present 
difficulties at the present time, and it is noted that Mr. Hull 
is inclined to the opinion that this would be undesirable. 

"If formal revision is, as we agree, impracticable, it is 
nevertheless recognised that there are certain measures which 
are mutually considered to be practically necessary or desir- 
able and, at the same time, to be consistent with the underly- 
ing objective of the Agreement though not strictly consistent 
with its technical scheme or definitions. In the case of vari- 
ous instances of this character which have occurred in the 
past, the two Governments have consulted and made appro- 
priate dispositions by means of correspondence. It is felt 
that such procedure, which appears to be essentially inherent 
in the underlying spirit and objective, should be pursued as 
regards any new practical measures concerning naval vessels 
on the Great Lakes which may be contemplated at the 
present moment or in the future. 

"In the light of these general considerations it will be 
convenient to give you the views of the Canadian Govern- 
ment regarding the particular measures which your Gov- 
ernment now consider desirable and which have been 
described in your letter under separate headings. 

"(1) Number and size of vessels. I note that there is no 
proposal to increase the present number of United States 
naval vessels on the Great Lakes. As regards the proposed 
substitution of the Hawk, which is now on the Lakes, by an- 
other vessel, the Sacramento, it is noted also that a formal 
request of the Canadian Government for permission for the 
latter vessel to proceed into the Great Lakes through Cana- 
dian waters will be made in due course. The Canadian 
authorities will be agreeable to this substitution, and I as- 
sume that at the time particular information will be given 



145 

as to the disposition of the Hawk as well as a description of 
the Sacramento and the purpose of the substitution. 

"(2) Disposition of Vessels. It is recognized, for the rea- 
sons indicated in your letter, that it would be consistent with 
the underlying purpose of the Agreement to have the naval 
vessels of each party move freely in the Great Lakes or to 
maintain them at any of its ports in the Lakes. 

"(3) Functions of the Vessels. The Rush-Bagot Agree- 
ment, as your letter points out, is silent with respect to the 
functions of the naval vessels maintained by the two parties 
on the Great Lakes other than to state that the naval force 
of each party is to be restricted to such services as will in 
no respect interfere with the proper duties of the armed 
vessels of the other party. The Canadian Government ac- 
cordingly recognize that it is within the letter as well as 
the spirit of the Agreement for such naval vessels of both 
parties to be employed in the training of naval reserves, or 
in any other normal activity, including the firing of target 
practice, within their respective territorial waters. 

"(4) Armaments. It appears that in view of present-day 
technical conditions, the United States naval authorities re- 
gard 3-inch guns as no longer adequate for the purpose of 
training naval reserves, whereas 4-inch guns, though not 
strictly within the technical definition of the Agreement, 
would be suitable for that purpose. Accordingly Mr. Hull 
suggests the following proposal as being in harmony with 
the spirit of the Agreement, namely, the placing of two 
4-inch guns on each of three of the United States naval 
vessels on the Great Lakes and the removal of all other 
armaments, subject to certain conditions. These conditions 
are that the firing of target practice be confined to the ter- 
ritorial waters of the United States and that the 4-inch guns 
be dismantled except in the summer season during the period 
of the training of naval reserves. The Canadian naval au- 
thorities concur in the view of the United States naval 
authorities above indicated, and the Canadian Government 
agree that Mr. Hull's proposal is consistent with the under- 
lying purpose and spirit of the Agreement. It is assumed 
that in due course the Canadian Government will be in- 
formed of the names of the vessels upon which the 4-inch 



146 

guns have been placed. It is also assumed that, should any 
alteration as regards armament take place in any of the 
five vessels in the future, particulars will be furnished. 

"A further particular question is raised by your letter, 
namely, the construction of naval vessels in shipyards sit- 
uated on the Great Lakes. Careful consideration has been 
given to Mr. Hull's observations regarding the changes in 
actual conditions that have occurred in this regard during 
the past century, and to the suggestion he has made in 
order to preserve the intent of the Agreement. The sug- 
gestion is that prior to the commencement of construction, 
each Government should provide the other with full in- 
formation concerning any naval vessels to be constructed 
at Great Lakes ports; that such vessels should immediately 
be removed from the Lakes upon their completion ; and that 
no armaments whatever should be installed until the vessels 
reach the seaboard. The Canadian Government appreciate 
the force of Mr. Hull's observations, and they agree that 
his particular suggestion would be consistent with the under- 
lying objective of the Agreement. They would understand 
that in the case of each vessel so constructed, when the time 
came for her removal to the seaboard, the Government 
concerned would make the usual request through diplomatic 
channels for permission to pass through the other party's 
waters. 

"As regards all these matters and particular measures, 

the Canadian Government assume it would be understood 

that the foregoing observations and understandings so far 

as they have been expressed only with relation to United 

States naval vessels maintained on the Great Lakes or to 

naval vessels to be constructed in United States shipyards 

there, will apply equally to the case of any Canadian naval 

vessels that may be maintained on the Great Lakes or of 

naval vessels to be constructed in Canadian shipyards there. 

"Yours sincerely, ~ ^ „ 

J ' O. D. Skelton" 



"Ottawa, October 30, 1940. 
"My Dear Mr. Moffat : 

"May I refer to your predecessor's letter of June 9, 1939, 
and to my letter to Mr. Roper of the 10th June of the same 



147 

year concerning certain questions raised by the United States 
Navy Department regarding the Rush-Bagot Agreement of 
1817. 

"2. At that time it was recognized that there were certain 
measures which were mutually considered to be practically 
necessary or desirable and, at the same time, to be consistent 
with the underlying objective of the Rush-Bagot Agreement, 
though not strictly consistent with its technical scheme or 
definitions. In various instances of this character which 
had occurred in the past, the two Governments had con- 
curred and made appropriate dispositions by means of cor- 
respondence. It was also agreed that such a procedure, 
which appeared to be essentially inherent in the underlying 
spirit and objective of the Agreement, should be pursued 
as regards any new practical measures, concerning naval 
vessels on the Great Lakes, which might be contemplated. 

"3. Certain special questions including 'number and size 
of the vessels', 'disposition of the vessels', 'functions of the 
vessels', and 'armaments' were discussed and dealt with in 
the correspondence. A further particular question was also 
raised, namely, the construction of naval vessels in shipyards 
situated on the Great Lakes. The practice and procedure 
that should be followed in the case of such construction was 
formulated along lines that met with the approval of the 
two Governments. 

"4. The practice that was then approved included the 
following elements : 

"(a) That each Government should provide the other 
with full information concerning any naval vessels to be 
constructed in Great Lakes ports prior to the commencement 
of construction. 

"(b) That such vessels should be removed from the Lakes 
upon their completion. 

"(c) That no armaments whatever should be installed 
until the vessels reached the seaboard. 

"5. A new aspect of this question has arisen owing to the 
congestion at the Atlantic seaboard shipyards and it is the 
desire of the Canadian Government to have the vessels in 
the most complete form practicable while still on the Great 
Lakes. This might involve equipment with gun mounts and 



148 

with guns which would be so dismantled as to be incapable 
of immediate use so long as the vessels remained in the 
Great Lakes. 

"6. It is therefore suggested that a further interpretation 
of the Rush-Bagot Agreement might be made in conformity 
with the basic intent of the Agreement that important naval 
vessels should not be built for service on the Great Lakes. 
This would involve recognition that armament might be 
installed on naval vessels constructed on the Great Lakes 
provided that : 

"(a) The vessels are not intended for service on the Great 
Lakes ; 

"(b) Prior to commencement of construction, each Govern- 
ment furnish the other with full information concerning 
any vessel to be constructed at Great Lakes ports ; 

"(c) The armaments of the vessels are placed in such con- 
dition as to be incapable of immediate use while the vessels 
remain in the Great Lakes ; and 

"(d) The vessels are promptly removed from the Great 
Lakes upon completion. 

"I should be grateful if you would let me know, in due 
course, whether the above suggestion commends itself to 
your Government. 

"Yours sincerely, 

O. D. Skelton" 



"Ottawa, November 2, 1940. 
^My Dear Dr. Skelton : 

"I have received your letter of October 30, 1940, in which, 
after referring to Mr. Roper's letter to you of June 9, 1939, 
and to your reply to him of June 10, 1939, concerning cer- 
tain questions regarding the interpretation of the Rush- 
Bagot Agreement of 1817, you comment on the previous 
practice in this regard, in the light of modern conditions 
of naval construction, and make the suggestion that a fur- 
ther interpretation of the Rush-Bagot Agreement might be 
made in conformity with the intent of the Agreement that 
import ant naval vessels should not be built for service on 
the Great Lakes. This would involve recognition that arma- 



149 

ment might be installed on naval vessels constructed on the 
Great Lakes provided that : 

"(a) The vessels are not intended for service on the Great 
Lakes ; 

"(b) Prior to commencement of construction, each Gov- 
ernment furnish the other with full information concerning 
any vessel to be constructed at Great Lakes ports ; 

"(c) The armaments of the vessels are placed in such 
condition as to be incapable of immediate use while the 
vessels remain in the Great Lakes ; and 

"(d) The vessels are promptly removed from the Great 
Lakes upon completion. 

"In reply, I am authorized to inform you that the United 
States Government agrees to this further interpretation of 
the Rush-Bagot Agreement. 
"Sincerely yours, 

Pierrepont Moffat" 



XXXIII. Agreement With Great Britain for the 
Use and Operation of Certain Bases 

(Dept, of State Bulletin, Vol. IV, No. 92, March 29, 1941) 

The text of the President's letter of transmittal 
to the Congress follows: 

To the Congress of the United States : 

On September 3, 1940, I transmitted for the information 
of the Congress notes exchanged between the British Am- 
bassador at Washington and the Secretary of State on the 
preceding da}^, under which this government acquired the 
right to lease naval and air bases in Newfoundland and in 
the islands of Bermuda, the Bahamas, Jamaica, St. Lucia r 
Trinidad, and Antigua, and in British Guiana. I now 
transmit for the information of the Congress a copy of an 
agreement for the use and operation of these bases, which 
was signed in London on March 27, 1941, together with 
the notes exchanged in connection therewith. These bases 
are for American defense against attack and their con- 
struction is consistent with such defense. International de- 
velopments since my message to the Congress of September 
third last have emphasized the value to the Western Hem- 
isphere of these outposts of security. 

Franklin D. Roosevelt 

The White House, 
March 27, 194L 

The text of the agreement for the use and opera- 
tion by the United. States of certain naval and air 
bases leased from Great Britain, signed in London 
on March 27, 1941, together with the text of notes 
exchanged in connection therewith, is as follows : 

Whereas the Government of the United Kingdom of 
Great Britain and Northern Ireland, in consultation with 

150 



151 

the Government of Newfoundland, are desirous at this time 
of further effectuating the declarations made on their behalf 
by His Excellency the Most Honourable the Marquess of 
Lothian, C.H., His Majesty's Ambassador Extraordinary 
and Plenipotentiary, in his communication of the 2nd Sep- 
tember, 1940, to the Secretary of State of the United States 
of America, a copy of which is set out in Annex I hereto 
and made a part hereof; 

And whereas it is agreed that leases in respect of the 
naval and air bases to be leased to the United States of 
America in Newfoundland, Bermuda, Jamaica, St. Lucia, 
Antigua, Trinidad and British Guiana, respectively, shall 
forthwith be executed substantially in the forms of the leases 
set out in Annex II hereto which are hereby approved, and 
that a similar lease in respect of a base in the Bahamas shall 
be executed as soon as possible. 

And whereas it is desired to determine by common agree- 
ment certain matters relating to the lease of the said bases, 
as provided in the communication of the 2nd September, 
1940, and the reply thereto of the same date from the Hon- 
ourable Cordell Hull, Secretary of State of the United 
States, set out in Annex I and made a part hereof ; 

And whereas it is desired that this agreement shall be 
fulfilled in a spirit of good neighbourliness between the 
Government of the United Kingdom and the Government of 
the United States of America, and that details of its prac- 
tical application shall be arranged by friendly cooperation ; 
the undersigned, duly authorised to that effect, have agreed 
as follows : 

Article I. General Description of Rights 

(1) The United States shall have all the rights, power 
and authority within the leased areas which are necessary 
for the establishment, use, operation and defence thereof, 
or appropriate for their control, and all the rights, power 
and authority within the limits of territorial waters and 
air spaces adjacent to, or in the vicinity of, the leased areas, 
which are necessary to provide access to and defence of the 
leased areas, or appropriate for control thereof. 



152 

(2) The said rights, power and authority shall include, 
inter cilia, the right, power and authority : 

(A) To construct (including dredging and filling), main- 
tain, operate, use, occupy and control the said bases. 

(B) To improve and deepen the harbours, channels, en- 
trances and anchorages, and generally to fit the premises 
for use as naval and air bases. 

(C) To control, so far as may be required for the efficient 
operation of the bases, and within the limits of military 
necessity, anchorage, moorings, and movements of ships and 
water-borne craft and the anchorage, moorings, landings, 
take-offs, movements and operations of aircraft. 

(D) To regulate and control within the leased areas all 
communications within, to and from the areas leased. 

(E) To install, maintain, use and operate under-sea and 
other defences, defence devices and controls, including de- 
tecting and other similar facilities. 

(3) In the exercise of the above-mentioned rights, the 
United States agrees that the powers granted to it outside 
the leased areas will not be used unreasonably or, unless 
required by military necessity, so as to interfere with the 
necessary rights of navigation, aviation, or communication 
to or from within the territories, but that they shall be 
used in the spirit of the fourth clause of the preamble. 

(4) In the practical application outside the leased areas 
of the foregoing paragraphs there shall be, as occasion re- 
quires, consultation between the Government of the United 
States and the Government of the United Kingdom. 

Article II. Special Emergency Powers 

When the United States is engaged in war or in time of 
other emergency the Government of the United Kingdom 
agree that the United States may exercise in the terri- 
tories and surrounding waters or air spaces all such rights, 
power and authority as may be necessary for conducting 
any military operations deemed desirable by the United 
States, but these rights will be exercised with all possible 
regard to the spirit of the fourth clause of the preamble. 



153 

Article III. Non-User 

The United States shall be under no obligation to improve 
the leased areas or any part thereof for use as naval or 
air bases, or to exercise any right, power or authority granted 
in respect of the leased areas, or to maintain forces therein, 
or to provide for the defence thereof; but if and so long 
as any leased area, or any part thereof, is not used by the 
United States for the purposes in this agreement set forth, 
the Government of the United Kingdom or the Government 
of the Territory may take such steps therein as shall be 
agreed with the United States to be desirable for the main- 
tenance of public health, safety, law and order, and, if 
necessary, for defence. 

Article IV. Jurisdiction 

(1) In any case in which 

(A) A member of the United States forces, a national of 
the United States or a person who is not a British subject 
shall be charged with having committed, either within or 
without the leased areas, an offence of a military nature, 
punishable under the law of the United States, including, 
but not restricted to, treason, an offence relating to sabotage 
or espionage, or any other offence relating to the security 
and protection of United States naval and air bases, estab- 
lishments, equipment or other property or to operations of 
the Government of the United States in the territory ; or 

(B) A British subject shall be charged with having com- 
mitted any such offence within a leased area and shall be 
apprehended therein; or 

(C) A person other than a British subject shall be charged 
with having committed an offence of any other nature within 
a leased area, the United States shall have the absolute right 
in the first instance to assume and exercise jurisdiction with 
respect to such offence. 

(2) If the United States shall elect not to assume and 
exercise such jurisdiction the United States authorities shall, 
where such offence is punishable in virtue of legislation 
enacted pursuant to Article V or otherwise under the law 



154 

of the territcny, so inform the Government of the territory 
and shall, if it shall be agreed between the Government of 
the Territory and the United States authorities that the 
alleged offender should be brought to trial, surrender him 
to the appropriate authority in the territory for that 
purpose. 

(3) If a British subject shall be charged with having 
committed within a leased area an offence of the nature 
described in paragraph (1) (A) of this article, and shall 
not be apprehended therein, he shall, if in the territory out- 
side the leased areas, be brought to trial before the courts 
of the territory; or, if the offence is not punishable under 
the law of the territory, he shall, on the request of the United 
States authorities, be apprehended and surrendered to the 
United States authorities and the United States shall have 
the right to exercise jurisdiction with respect to the alleged 
offence. 

(4) When the United States exercises jurisdiction under 
this article and the person charged is a British subject, he 
shall be tried by a United States court sitting in a leased area 
in the territory. 

(5) Nothing in this agreement shall be construed to affect, 
prejudice or restrict the full exercise at all times of juris- 
diction and control by the United States in matters of 
discipline and internal administration over members of the 
United States forces, as conferred by the law of the United 
States and any regulations made thereunder. 

Article V. Security Legislation 

The Government of the Territory will take such steps as 
may from time to time be agreed to be necessary with a 
view to the enactment of legislation to ensure the adequate 
security and protection of the United States naval and air 
bases, establishments, equipment and other property, and 
the operations of the United States under the leases and 
this agreement and the punishment of persons who may 
contravene any laws or regulations made for that purpose. 
The Government of the Territory will also from time to 
time consult with the United States authorities in order 



155 

that the laws and regulations of the United States and the 
territory in relation to such matters may, so far as circum- 
stances permit, be similar in character. 

Article VI. Arrest and Service of Process 

(1) No arrest shall be made and no process, civil or 
criminal, shall be served within any leased area except with 
the permission of the commanding officer in charge of the 
United States forces in such leased area; but should the 
commanding officer refuse to grant such permission he shall 
(except in cases where the United States authorities elect 
to assume and exercise jurisdiction in accordance with Arti- 
cle IV (1)) forthwith take the necessary steps to arrest the 
person charged and surrender him to the appropriate au- 
thority of the territory or to serve such process, as the case 
may be, and to provide for the attendance of the server of 
such process before the appropriate court of the territory 
or procure such server to make the necessary affidavit or 
declaration to prove such service. 

(2) In cases where the courts of the United States have 
jurisdiction under Article IV, the Government of the Ter- 
ritory will on request give reciprocal facilities as regards the 
service of process and the arrest and surrender of alleged 
offenders. 

(3) In this article the expression "process" includes any 
process by way of summons, subpoena, warrant, writ or other 
judicial document for securing the attendance of a witness, 
or for the production of any documents or exhibits, required 
in any proceedings civil or criminal. 

Article VII. Right of Audience for United States 

Counsel 

In cases in which a member of the United States forces 
shall be a party to civil or criminal proceedings in any 
court of the territory by reason of some alleged act or 
omission arising out of or in the course of his official duty, 
United States counsel (authorised to practise before the 
courts of the United States) shall have the right of audi- 
ence, provided that such counsel is in the service of the 

414559—41 11 



156 

Government of the United States and appointed for that 
purpose either generally or specially by the appropriate 
authority. 

Article VIII. Surrender of Offenders 

Where a person charged with an offence which falls to 
be dealt with by the courts of the territory is in a leased 
area, or a person charged with an offence which falls under 
Article IV to be dealt with by courts of the United States 
is in the territory but outside the leased areas, such person 
shall be surrendered to the Government of the Territory or 
to the United States authorities, as the case may be, in 
accordance with special arrangements made between that 
Government and those authorities. 

Article IX. Public Services 

The United States shall have the right to employ and use 
all utilities, services and facilities, roads, highways, bridges, 
viaducts, canals and similar channels of transportation be- 
longing to, or controlled or regulated by, the Government of 
the Territory or the Government of the United Kingdom, 
under conditions comparable to and no less favourable than 
those applicable from time to time to the Government of 
the United Kingdom. 

Article X. Surveys 

(1) The United States shall have the right, after appro- 
priate notification has been given to the Government of the 
territory to make topographic and hydrographic surveys 
outside the leased areas in any part of the territories and 
waters adjacent thereto. Copies, with title and triangulation 
data, of any surveys so made will be furnished to the Gov- 
ernment of the territory. 

(2) Notification and copies will be given to the United 
States authorities of any such surveys carried out by the 
Government of the United Kingdom or the Government of 
the Territory. 



157 

Article XI. Shipping and Aviation 

(1) Lights and other aids to navigation of vessels and 
aircraft placed or established in the leased areas and the 
territorial waters adjacent thereto or in the vicinity thereof 
shall conform to the system in use in the territory. The 
position, characteristics and any alterations thereof shall 
be notified in advance to the appropriate authority in the 
territory. 

(2) United States public vessels operated by the War or 
Navy Departments, by the Coast Guard or by the Coast 
and Geodetic Survey, bound to or departing from a leased 
area shall not on entering or leaving the leased area or the 
territorial waters in the vicinity thereof be subject to com- 
pulsory pilotage or to light or harbour dues in the territory. 
If a pilot is taken pilotage shall be paid for at appropriate 
rates. 

(3) British commercial vessels may use the leased areas on 
the same terms and conditions as United States commercial 
vessels. 

(4) It is understood that a leased area is not a part of 
the territory of the United States for the purpose of coast- 
wise shipping laws so as to exclude British vessels from 
trade between the United States and the leased areas. 

(5) Commercial aircraft will not be authorized to oper- 
ate from any of the bases (save in case of emergency or for 
strictly military purposes under supervision of the War 
or Navy Departments) except by agreement between the 
United States and the Government of the United Kingdom, 
provided that in the case of Newfoundland such agreement 
shall be between the United States and the Government of 
Newfoundland. 

Article XII. Motor Traffic 

(1) Standard and test types of motor vehicles as deter- 
mined by the United States shall not be prevented from using 
roads in a territory by reason of noncompliance with any 
law relating to construction of motor vehicles. 



158 

(2) No tax or fee shall be payable in respect of registra- 
tion or licensing for use in a territory of motor vehicles be- 
longing to the Government of the United States. 

Article XIII. Immigration 

(1) The immigration laws of the territory shall not oper- 
ate or apply so as to prevent admission into the territory 
for the purposes of this agreement of any member of the 
United States forces posted to a leased area or any person 
(not being a national of a power at war with His Majesty 
the King) employed by, or under a contract with, the 
Government of the United States in connection with the 
construction, maintenance, operation or defence of the bases 
in the territory; but suitable arrangements will be made by 
the United States to enable such persons to be readily iden- 
tified and their status to be established. 

(2) If the status of any person within the territory and 
admitted thereto under the foregoing paragraph shall be 
altered so that he would no longer be entitled to such ad- 
mission, the United States authorities shall notify the Gov- 
ernment of the Territory and shall, if such person be re- 
quired to leave the territory by that Government, be re- 
sponsible for providing him with a passage from the terri- 
tory within a reasonable time, and shall in the meantime pre- 
vent his becoming a public responsibility of the territory. 

Article XIV. Customs and Other Duties 

(1) No import, excise, consumption or other tax, duty 
or impost shall be charged on 

(A) Material, equipment, supplies or goods for use in the 
construction, maintenance, operation or defence of the bases, 
consigned to, or destined for, the United States authorities 
or a contractor; 

(B) Goods for use or consumption aboard United States 
public vessels of the Army, Navy, Coast Guard or Coast and 
Geodetic Surveys; 

(C) Goods consigned to the United States authorities for 
the use of institutions under Government control known as 



159 

Post Exchanges, Ships' Service Stores, Commissary Stores 
or Service Clubs, or for sale thereat to members of the 
United States forces, or civilian employees of the United 
States being nationals of the United States and employed 
in connection with the bases, or members of their families 
resident with them and not engaged in any business or 
occupation in the terrritory ; 

(D) The personal belongings or household effects, of per- 
sons referred to in sub-paragraph (C) and of contractors 
and their employees, being nationals of the United States 
employed in the construction, maintenance or operation of 
the bases and present in the territory by reason only of 
such employment. 

(2) No export tax shall be charged on the material, equip- 
ment, supplies or goods mentioned in paragraph (1) in the 
event of reshipment from the territory. 

(3) This article shall apply notwithstanding that the 
material, equipment, supplies or goods pass through other 
parts of the territory en route to or from a leased area. 

(4) Administrative measures shall be taken by the United 
States authorities to prevent the resale of goods which are 
sold under paragraph (1) (C), or imported under paragraph 
(1) (D) of this article, to persons not entitled to buy goods 
at such Post Exchanges, Ships' Service Stores, Commissary 
Stores or Service Clubs, or not entitled to free importation 
under paragraph (1) (D) ; and generally to prevent abuse 
of the customs privileges granted under this article. There 
shall be cooperation between such authorities and the Gov- 
ernment of the Territory to this end. 

Article XV. Wireless and Cables 

(1) Except with the consent of the Government of the 
territory, no wireless station shall be established or sub- 
marine cable landed in a leased area otherwise than for 
military purposes. 

(2) All questions relating to frequencies, power and like 
matters, used by apparatus designed to emit electric radia- 
tion, shall be settled by mutual arrangement. 



160 

Article XVI. Postal Facilities 

The United States shall have the right to establish United 
States Post Offices in the leased areas for the exclusive use 
of the United States forces, and civilian personnel (includ- 
ing contractors and their employees) who are nationals of 
the United States and employed in connection with the con- 
struction, maintenance, operation or defence of the bases, 
and the families of such persons, for domestic use between 
United States Post Offices in leased areas and between such 
Post Offices and other United States Post Offices and Post 
Offices in the Panama Canal Zone and the Philippine Islands. 

Article XVII. Taxation 

(1) Xo member of the United States forces or national 
of the United States, serving or employed in the territory 
in connection with the construction, maintenance, operation 
or defence of the bases, and residing in the territory by 
reason only of such employment, or his wife or minor chil- 
dren, shall be liable to pay income tax in the territory except 
in respect of income derived from the territory. 

(2) Xo such person shall be liable to pay in the territory 
any poll tax or similar tax on his person, or any tax on 
ownership or use of property which is inside a leased area, 
or situated outside the territory. 

(3) Xo person ordinarily resident in the United States 
shall be liable to pay income tax in the territory in respect 
of any profits derived under a contract made in the United 
States with the Government of the United States in connec- 
tion with the construction, maintenance, operation or defence 
of the bases, or any tax in the nature of a license in respect 
of any service or work for the United States in connection 
with the construction, maintenance, operation or defence of 
the bases. 

Article XVII I. Businesses and Professions 

Unless the consent of the Government of the Territory 
shall have been obtained — 

(1) No business shall be established in a leased area; but 
the institutions referred to in Article XIV (1)(C) offering 



161 

goods, under a prohibition against resale, exclusively to the 
persons mentioned in the said Article XIV (1) (C) shall not 
be regarded as businesses for the purposes of this article ; 

(2) No person shall habitually render any professional 
services in a leased area, except to, or for, the Government 
of the United States or the persons mentioned in Article 
XIV(1)(C). 

Article XIX. Forces Outside Leased Areas 

(1) United States forces stationed or operating outside 
the leased areas under separate agreement with the Govern- 
ment of the United Kingdom or the Government of the 
territory shall be entitled to the same rights and enjoy the 
same status as United States forces stationed within the 
leased areas. 

(2) The United States shall be under no obligation to 
maintain forces outside the leased areas by virtue of such 
agreement. 

Article XX. Health Measures Outside Leased Areas 

The United States shall have the right, in collaboration 
with the Government of the Territory and, where necessary, 
with the local authority concerned, to exercise, without other 
consideration than just compensation to private owners, if 
any, such powers as such Government and local authority 
and the Government of the United Kingdom may possess 
of entering upon any property in the vicinity of the leased 
areas for the purpose of inspection, and of taking any 
necessary measures to improve sanitation and protect health. 

Article XXI. Abandonment 

The United States may at any time abandon any leased 
area or any part thereof, without thereby incurring any 
obligation, but shall give to the Government of the United 
Kingdom as long notice as possible and in any case not 
less than one year, of its intention so to do. At the expira- 
tion of such notice the area abandoned shall revert to the 
lessor. Abandonment shall not be deemed to have occurred 
in the absence of such notice. 



162 

Article XXII. Removal of Improvements 

The United States may at any time before the termina- 
tion of a lease, or within a reasonable time thereafter, take 
away all or any removable improvements placed by or on 
behalf of the United States in the leased area or territorial 
waters. 

Article XXIII. Rights Not To Be Assigned 

The United States will not assign or underlet or part 
with the possession of the whole or any part of any leased 
area, or of any right, power or authority granted by the 
leases or this agreement. 

Article XXIV. Possession 

(1) On the signing of this agreement, leases of the leased 
areas, substantially in the forms respectively set out in 
Annex II hereto, shall be forthwith executed, and all rights, 
power, authority and control under such leases and under 
this agreement (including transfer of possession where it 
shall not previously have been transferred) shall thereupon 
become effective immediately, and pending execution of such 
leases they may be exercised ad interim and possession of 
the leased areas shall be immediately given so far as the 
location thereof is then ascertained. Where the precise lo- 
cation of a portion of any leased area is not ascertainable 
until more detailed descriptions are available, possession of 
such portion shall be given as rapidly as possible. This 
article shall not require occupiers of buildings in a leased 
area to be removed from such buildings until reason- 
able notice to vacate has been given and expired, due re- 
gard being had to the necessity of obtaining alternative 
accommodation. 

(2) The foregoing paragraph shall not apply in relation 
to the Bahamas, but a lease of the leased area therein, in 
terms similar to those of the leases set out in Annex II 
hereto, and subject to such special provisions as may be 
agreed to be required, will be granted to the United States 
of America as soon as the location of that area shall have 
been agreed, whereupon this agreement shall apply thereto. 



163 
Article XXV. Reservations 

(1) All minerals (including oil), and antiquities and all 
rights relating thereto and to treasure trove, under, upon, 
or connected with the land and water comprised in the leased 
areas or otherwise used or occupied by the United States by 
virtue of this agreement, are reserved to the Government 
and inhabitants of the territory; but no rights so reserved 
shall be transferred to third parties, or exercised within the 
leased areas, without the consent of the United States. 

(2) The United States will permit the exercise of fishing 
privileges within the leased areas in so far as may be found 
compatible with military requirements, and in the exercise of 
its rights will use its best endeavours to avoid damage to 
fisheries in the territory. 

Article XXVI. Special Provisions for Individual 

Territories 

The provisions contained in Annex III hereto shall have 
effect in relation to the territories to which they respectively 
appertain. 

Article XXVII. Supplementary Leases 

The United States may, by common agreement, acquire 
by supplementary lease for the unexpired period of the lease 
granted in a territory, such additional areas, sites and loca- 
tions as may be found necessary for the use and protection 
of the bases upon such terms and conditions as may be 
agreed, which shall unless there are special reasons to the 
contrary be on the basis of those contained in this agreement. 

Article XXVIII. Modification of This Agreement 

The Government of the United States and the Govern- 
ment of the United Kingdom agree to give sympathetic 
consideration to any representations which either may make 
after this agreement has been in force a reasonable time, 
proposing a review of any of the provisions of this agree- 



164 

ment to determine whet her modifications in the light of 
experience are necessary or desirable. Any snch modifica- 
tions shall be by mutual consent. 

Article XXIX 

The United States and the Government of the Territory 
respectively will do all in their power to assist each other in 
giving full effect to the provisions of this agreement accord- 
ing to its tenor and will take all appropriate steps to that 
end. During the continuance of anv lease, no laws of the 
territory which would derogate from or prejudice any of 
the rights conferred on the United States by the lease or 
by this agreement shall be applicable within the leased area, 
save with the concurrence of the United States. 

Article XXX. Interpretation 

In this agreement, unless the context otherwise requires, 
the following expressions have the meanings hereby respec- 
tively assigned to them : 

"Lease" means a lease entered into in pursuance of the com- 
munications set out in Annex I hereto, and in relation to 
any territory means a lease entered into in respect of an 
area therein. 

"Leased Area" means an area in respect of which a lease 

>r will be entered into. 

"Base" means a base established in pursuance of the said 
communications. 

"Territory" means a part of His Majesty's Dominions in 
which a lease is entered into in pursuance of the communi- 
cations set out in Annex I hereto: and. 

"The Territory" means the territory concerned. 

'•The United States Authorities" means the authority or 
authorities from time to time authorized or designated, by 
the Government of the Linked States of America, for the 
purpose of exercising the powers in relation to which the 
expression is used. 

''United States Forces" means the naval and military 
forces of the United States of America. 



165 

"British Subject" includes British protected person. 
Signed in London in duplicate this twenty-seventh day of 
March, 1941. 

On behalf of the United States of America : 

John G. Winant, 
Ambassador of the United States of America. 

Charles Fahy. 
Harry J. Malony. 
Harold Biesemeier. 
On behalf of the Government of the United Kingdom of 
Great Britain and Northern Ireland : 

Winston Churchill, 

Prime Minister. 
Lord Cranborne, 
Secretary of State for Dominions. 
Lord Moyne, 
Secretary of State for Colonies. 

Annex I 

The British Ambassador (Lothian) to the Secretary of 

State (Hull) 

British Embassy, 
Washington, D. C, 
September 2nd, 194-0. 
Sir: 

I have the honour under instructions from His Majesty's 
Principal Secretary of State for Foreign Affairs to inform 
you that in view of the friendly and sympathetic interest of 
His Majesty's Government in the United Kingdom in the 
national security of the United States and their desire to 
strengthen the ability of the United States to cooperate effec- 
tively with the other nations of the Americas in the defence 
of the Western Hemisphere, His Majesty's Government will 
secure the grant to the Government of the United States, 
freely and without consideration, of the lease for immediate 
establishment and use of naval and air bases and facilities 
for entrance thereto and the operation and protection 
thereof, on the Avalon Peninsula and on the southern coast 



166 

of Newfoundland, and on the east coast and on the Great 
Bay of Bermuda. 

Furthermore, in view of the above and in view of the 
desire of the United States to acquire additional air and 
naval bases in the Caribbean and in British Guiana, and 
without endeavouring to place a monetary or commercial 
value upon the many tangible and intangible rights and 
properties involved, His Majesty's Government will make 
available to the United States for immediate establishment 
and use naval and air bases and facilities for entrance 
thereto and the operation and protection thereof, on the 
eastern side of the Bahamas, the southern coast of Jamaica, 
the western coast of St. Lucia, the west coast of Trinidad 
in the Gulf of Paria, in the island of Antigua and in British 
Guiana within fifty miles of Georgetown, in exchange for 
naval and military equipment and material which the 
United States Government will transfer to His Majesty's 
Government. 

All the bases and facilities referred to in the preceding 
paragraphs will be leased to the United States for a period 
of ninety-nine years, free from all rent and charges other 
than such compensation to be mutually agreed on to be paid 
by the United States in order to compensate the owners of 
private property for loss by expropriation or damage arising 
out of the establishment of the bases and facilities in 
question. 

His Majesty's Government, in the leases to be agreed upon, 
will grant to the United States for the period of the leases 
all the rights, power, and authority within the bases leased, 
and within the limits of the territorial waters and air spaces 
adjacent to or in the vicinity of such bases, necessary to 
provide access to and defence of such bases, and appropriate 
provisions for their control. 

Without prejudice to the above-mentioned rights of the 
United States authorities and their jurisdiction within the 
leased areas, the adjustment and reconciliation between the 
jurisdiction of the authorities of the United States within 
these areas and the jurisdiction of the authorities of the 
territories in which these areas are situated, shall be 
determined by common agreement. 



167 

The exact location and bounds of the aforesaid bases, the 
necessary seaward, coast and anti-aircraft defences, the loca- 
tion of sufficient military garrisons, stores and other neces- 
sary auxiliary facilities shall be determined by common 
agreement. 

His Majesty's Government are prepared to designate im- 
mediately experts to meet with experts of the United States 
for these purposes. Should these experts be unable to agree 
in any particular situation, except in the case of Newfound- 
land and Bermuda, the matter shall be settled by the Secre- 
tary of State of the United States and His Majesty's 
Secretary of State for Foreign Affairs. 

I have [etc.] Lothian 

The Honourable Cordell Hull, 

Secretary of State of the United States, 
Washington, D. C. 



The Secretary of State {Hull) to the British Ambassador 

{Lothian) 

Department of State, 
Washington, September 2, 19Jfi. 
Excellency : 

I have received your note of September 2, 1940, of which 
the text is as follows : 

[Here follows text of note printed above.] 

I am directed by the President to reply to your note as 
follows : 

The Government of the United States appreciates the 
declarations and the generous action of His Majesty's Gov- 
ernment as contained in your communication which are 
destined to enhance the national security of the United 
States and greatly to strengthen its ability to cooperate 
effectively with the other nations of the Americas in the 
defense of the Western Hemisphere. It therefore gladly 
accepts the proposals. 

The Government of the United States will immediately 
designate experts to meet with experts designated by His 



168 

Majesty r s Government to determine upon the exact location 
of the naval and air bases mentioned in your communication 
under acknowledgment. 

In consideration of the declarations above quoted, the 
Government of the United States will immediately transfer 
to His Majesty's Government fifty United States Navy de- 
stroyers generally referred to as the twelve hundred-ton type. 
Accept [etc.] Cordell Hull 

His Excellency 

The Right Honorable 

The Marquess or Lothian, C.H., 
Bi-itish Ambassador. 

Annex II. Forms of Leases 

1. NEWFOUNDLAND. 

This indenture of lease made the day of 

, nineteen hundred and forty-one, between His Excel- 
lency Sir Humphrey Walwyn, K.C.S.L, K.C.M.G., C.B., 
D.S.O., Governor and Commander-in-chief in and over the 
island of Newfoundland and its dependencies, in commis- 
sion, hereinafter referred to as the Newfoundland Govern- 
ment, of the first part, and the United States of America, of 
the other part : 

Whereas by notes exchanged on the second day of Septem- 
ber, nineteen hundred and forty (copies of which are ap- 
pended to the agreement hereinafter referred to), between 
His Majesty's Ambassador at Washington and the Secretary 
of State of the United States of America, His Majesty's 
Government in the United Kingdom undertook to secure the 
grant to the United States of America of the lease of certain 
naval and air bases and facilities in certain localities, includ- 
ing Newfoundland, for a period of ninety-nine years, free 
from all rent and charges other than compensation to be 
mutually agreed on to be paid by the United States in order 
to compensate the owners of private property for loss by 
expropriation or damage arising out of the establishment 
of the said bases and facilities ; and, 

Whereas in furtherance of the said notes an agreement 
between the Government of the United Kingdom and the 



169 

United States of America was signed on the 27th day of 
March, nineteen hundred and forty-one ; and, 

Whereas in compliance with the undertaking of the Gov- 
ernment of the United Kingdom hereinbefore referred to 
the Newfoundland Government has agreed to demise and 
lease the several pieces or parcels of land hereinafter de- 
scribed. Now this indenture witnesseth that in considera- 
tion of the premises the Newfoundland Government hath 
demised and leased and by these presents doth demise and 
lease unto the United States of America all those six sev- 
eral pieces or parcels of land (hereinafter referred to as 
the leased areas) described in the schedule to these presents 
and delineated on the plants hereto annexed : 

To have and to hold the same for the full end and term 
of ninety-nine years to begin and to be computed from the 
date of these presents free from the payment of all rent 
and charges other than compensation as aforesaid. And 
the United States of America agrees that it will not during 
the term hereby granted use the leased areas nor permit 
the use thereof except for the purposes specified and on the 
terms and conditions contained in the aforesaid notes and 
agreement, which are incorporated in and form part of 
these presents except such parts thereof as refer specifically 
to territory other than Newfoundland. 

Schedule 

(1) Beginning at the intersection of the shoreline north- 
west of Placentia with latitude 47 degrees 16 minutes N., 
thence due east approximately 7,300 feet to longitude 53 
degrees 58 minutes 18 seconds W. ; thence in a northeasterly 
direction approximately 8,200 feet to latitude 47 degrees 17 
minutes 12 seconds N., longitude 53 degrees 57 minutes 25 
seconds W. ; thence in a northwesterly direction approxi- 
mately 4,200 feet to the intersection of the shoreline with 
longitude 53 degrees 57 minutes 58 seconds W. ; thence along 
the shoreline to the point of beginning, including therein 
the Peninsula of Argentia lying between Little Placentia 
Harbour and Placentia Bay, the entire site containing ap- 
proximately 2,610 acres; there is reserved from the fore- 



170 

going all those areas, contained within a right-of-way of 
the Newfoundland railway, its wharf, property and station 
at Argentia. as may be mutually determined to be essential 
to the operation of the said railway. 

(2) Beginning at the intersection of the Boulevarde along 
the northwest shore of Quidi Vidi Lake, with the road ap- 
proximately perpendicular thereto at the Rose residence 
known as Grove Farm Road; thence approximately 600 
yards northwest along the road and its extension; thence 
generally north on an irregular line along, but not including, 
the southeast edge of the golf course ; thence generally north 
to the junction of the White Hills Roads; thence southeast 
along the northernmost of these roads to the Boulevarde; 
thence generally southwest to point of beginning. 

(3) An area about 300 feet wide on the eastern boundary 
of the municipal park between the Boulevarde and the shore- 
line of Quidi Yidi Lake, the two last above described areas 
containing approximately 160 acres. 

(4) An area of approximately 700 feet by 1,400 feet on the 
crest of the White Hills about y 2 mile east of the White Hills 
Road with a connecting strip about 60 feet wide across the 
property of Arthur Cooke. 

(5) Beginning at a point on the shoreline of St. George's 
Bay eastward of the town of Stephenville and about 1,350 
feet southeast of the small natural outlet of Blanche Brook, 
which outlet is about 16,000 feet northwest of Indian Head 
Light at the entrance of St. George's Harbour; thence north 
50 degrees 30 minutes east a distance of about 1,285 feet to 
a point on the west shoreline of Stephenville Pond at its 
northwest outlet; thence following the general westerly 
shoreline of Stephenville Pond northeasterly to a point on 
said shoreline which bears north 25 degrees 15 minutes east 
and is approximately 3,700 feet from the last described 
point; thence north 7 degrees 45 minutes east a distance of 
1.970 feet to a point : thence north 47 degrees west a distance 
of 4,220 feet to a point ; thence south 43 degrees west a dis- 
tance of about 6,850 feet to the shoreline of St. George's Bay 
(this course touches the shoreline of Blanche Brook at a 
point about 900 feet northeast from St. George's Bay) ; 
thence southeasterly following the general shoreline of St. 



171 

George's Bay for a distance of about 5,000 feet to the point 
of beginning. 

(6) From a point at the intersection of the centre lines of 
Signal Hill Koad and Middle Battery Road; thence south 
44 degrees IT minutes 41.3 seconds east along Middle Bat- 
tery Road for a distance of 268.11 feet; thence south 54 de- 
grees 9 minutes 41.3 seconds east along Middle Battery Road 
for a distance of 95.36 feet to the point which is the point 
of commencement ; thence from the point of beginning south 
18 degrees 39 minutes 3 seconds west for a distance of 201.44 
feet ; thence south 12 degrees 4 minutes 2 seconds west for a 
distance of 12 feet; thence along the north shoreline of St. 
John's Harbour southward and eastward for a distance of 
1,025 feet; thence north 26 degrees 26 minutes 47.57 seconds 
east for a distance of 50 feet to the centre line of Middle 
Battery Road ; thence along Middle Battery Road north 57 
degrees 5 minutes 32.43 seconds west for a distance of 246.17 
feet; thence north 85 degrees 57 minutes 28.94 seconds west 
for a distance of 182.86 feet; thence north 73 degrees 16 
minutes 50.1 seconds west for a distance of 165.95 feet; thence 
north 55 degrees 29 minutes 29.31 seconds west for a dis- 
tance of 243.87 feet; thence north 54 degrees 9 minutes 41.3 
seconds west for a distance of 199.67 feet. 

(7) The exact metes and bounds of the property generally 
described in the schedule hereto shall with all convenient 
speed be established by survey conducted by the United 
States of America, and shall then be described and deline- 
ated in a document or documents and a plan or plans in 
duplicate, which, when agreed and signed on behalf of 
the parties hereto, shall supersede the description contained 
in the schedule hereto and the plans annexed hereto. One 
copy of each such document and plan shall be retained by 
the United States of America and the other shall be deposited 
with the Government of Newfoundland. In witness whereof 
the Great Seal of the Island of Newfoundland has been 
affixed to these presents at St. John's in the island aforesaid. 

By His Excellency's command, Commissioner for Home 
Affairs, and the United States of America has caused these 

presents to be executed on its behalf by the 

day and the year first above written. 

414559—41 12 



172 

2. BERMUDA. 

This lease made the of , nine- 
teen hundred and forty-one between His Majesty the King 
of the one part and the United States of America of the 
other part. Whereas by notes exchanged on the second day 
of September, nineteen hundred and forty (copies of which 
are appended to the agreement hereinafter referred to), 
His Majesty's Government in the United Kingdom made, 
and the Government of the United States accepted, pro- 
posals for the grant to the Government of the United States, 
freely and without consideration, of the lease of naval and 
air bases and facilities connected therewith, in certain lo- 
calities, including the east coast and the Great Bay of 
Bermuda, for a period of ninety-nine years free from all 
rent and charges other than compensation to be mutually 
agreed on to be paid by the United States in order to com- 
pensate the owners of private property for the loss by ex- 
propriation or damage arising out of the establishment of 
the said bases and facilities : and whereas in furtherance 
of such proposals an agreement between the Government 
of the United Kingdom and the United States of America 
was signed on the 27th day of March, nineteen hundred 
and forty-one: now, therefore, His Majesty doth hereby 
demise to the United States of America, free from all rent 
and charges other than compensation as hereinbefore men- 
tioned, all that property described in the schedule hereto 
and delineated on the plan annexed hereto, to hold unto 
the United States of America for a term of ninety-nine 
years commencing on the date hereof, for the purposes 
specified in the aforesaid notes and with the rights, powers 
and authority and on the terms and conditions contained in 
the aforesaid agreement (except such parts thereof as relate 
specifically to territory other than Bermuda), which agree- 
ment (except as aforesaid) shall be regarded as incorporated 
in and made part of this lease. 

(2) The exact metes and bounds of the property gen- 
erally described in the schedule hereto shall with all con- 
venient speed be established by survey conducted by the 
United States of America, and shall then be described and 



173 

delineated in a document or documents and a plan or plans 
in duplicate, which, when agreed and signed on behalf of 
the parties hereto, shall supersede the description contained 
in the schedule hereto and the plans annexed hereto. One 
copy of each such document and plan shall be retained by 
the United States of America and the other shall be depos- 
ited with the Governor or the Bermudas. 

(3) The Government of th« United States will not use 
the said property, or permit the use thereof, except for the 
purposes specified in the aforesaid notes and agreement. 
In witness whereof His Majesty the King has caused the 
public seal of the colony of the Bermudas to be affixed hereto 
and the United States of America has caused these presents 

to be executed on its behalf by the day and 

the year first above written. 

Schedule 

Reference : Ordnance survey map, sheets 1 and 2, 1898-9, 
scale six inches equals one mile (enclosures (B) and (C), 
H. 0.27). 

(1) Long Bird Island, including adjoining islands in 
Ferry Reach, and causeway to mainland south of Mullet 
Bay, the entire area containing approximately eighty acres. 

(2) Beginning at Stokes' Point on the shoreline of St. 
George's Harbour; thence generally east and south along 
the shoreline to the western edge of Higgs' Bay ; thence due 
south about one hundred and seventy-five feet to the road 
between Stokes' Point and St. David's Lighthouse; thence 
generally east along, but excluding, the said road to the road 
junction about three hundred and forty feet southeast of 
Burcher's Point ; thence generally southeast along, but exclud- 
ing, the said road to a point about one hundred and fifty feet 
northwest of its terminus on Ruth's Bay; thence east about 
seven hundred and twenty-five feet to the shoreline south of 
Cove Point ; thence south along the shoreline to Ruth's Point ; 
thence generally west along the shoreline to point of begin- 
ning; also Cave Island, Sandy Island, Little Round Island, 
Jones' Island, Round Island, Long Island, Grace's Island, 
Westcott Island, and adjacent unnamed islands in Castle 
Harbour ; the entire area containing approximately two hun- 



174 

dred and sixty acres: provided that the highway between 
Stokes' Point and Higgs' Bay shall be excluded. 

(3) Cooper's Island and all the islands and cays between 
Ruth's Point on St. David's Island and Cooper's Island, 
containing a total of approximately seventy-seven acres. 

(4) Tucker's Island and Morgan's Island and the imme- 
diately adjacent cays, in Great Sound, containing a total of 
approximately fifty acres. 

(5) Reference: Map prepared in 1898 by Lieutenant 
Savage. Beginning at a point on the shoreline about 2,500 
feet southeast of the Somerset Bridge at the junction of a 
property line with the centre of the cove, proceed about 
200 feet southwesterly along the said property line to a 
property line, thence about 630 feet southeasterly along 
property line to a property, line, thence about 120 feet south- 
westerly along the said property line to a property line, 
thence about 620 feet south southeasterly along property 
line to an intersection of the said property line with the 
south boundary of the right-of-way of the "King's Point 
Road" so-called, thence about 280 feet northeasterly along 
the said south boundary of right-of-way of "King's Point 
Road" so-called, to an intersection with the west boundary 
of the right-of-way of the "George's Bay Road*' so-called, 
thence about 675 feet in a generally south southeasterly 
direction along the said west boundary line of the right-of- 
way of "George's Bay Road" so-called, around the bend 
in the said road to an intersection with a property line, 
thence about 2,100 feet in a south southeasterly direction 
along broken property lines to a junction with the shore 
line in the cove about 600 feet north of "Monkey Hole", 
thence beginning northeasterly around shore line to the 
point of beginning, an area of about 78 acres. 

3. JAMAICA. 

This lease made the day of , 

nineteen hundred and forty-one, between the Governor of 
the Colony of Jamaica on behalf of His Majesty the King 
of the one part and the United States of America of the 
other part; whereas by notes exchanged on the second day 
of September, nineteen hundred and forty (copies of which 



175 

are appended to the agreement hereinafter referred to), 
His Majesty's Government in the United Kingdom made, 
and the Government of the United States accepted, pro- 
posals for the grant to the Government of the United States, 
in exchange for naval and military equipment and material 
transferred by the United States to His Majesty's Govern- 
ment, of the lease of naval and air bases and facilities 
connected therewith, in certain localities, including the 
southern coast of Jamaica, for a period of ninety-nine years 
free from all rent and charges other than compensation 
to be mutually agreed on to be paid by the United States 
in order to compensate the owners of private property for 
the loss by expropriation or damage arising out of the estab- 
lishment of the said bases and facilities; and whereas in 
furtherance of such proposals an agreement between the 
Government of the United Kingdom and the United States 
of America was signed on the 27th day of March, nineteen 
hundred and forty-one: now, therefore, the Governor of 
Jamaica on behalf of His Majesty doth hereby demise to 
the United States of America, free from all rent and charges 
other than compensation as hereinbefore mentioned, all that 
property described in the schedule hereto and delineated on 
the plan(s) annexed hereto, to hold unto the United States 
of America for a term of ninety-nine years commencing on 
the date hereof, for the purposes specified in the aforesaid 
notes and with the rights, powers and authority and on 
the terms and conditions contained in the aforesaid agree- 
ment (except such parts thereof as relate specifically to ter- 
ritory other than Jamaica), which agreement (except as 
aforesaid) shall be regarded as incorporated in and made 
part of this lease. 

(2) The exact metes and bounds of the property generally 
described in the schedule hereto shall with all convenient 
speed be established by survey conducted by the United 
States of America, and shall then be described and delin- 
eated in a document or documents and a plan or plans in 
duplicate, which, when agreed and signed on behalf of the 
parties hereto, shall supersede the description contained in 
the schedule hereto and the plan(s) annexed hereto. One 
copy of each such document and plan shall be retained by 



176 

the United States of America and the other shall be de- 
posited with the Governor of Jamaica. 

(3) The Government of the United States will not use 
the said property, or permit the use thereof, except for 
the purposes specified in the aforesaid notes and agreement. 
In witness whereof the Governor of Jamaica, on behalf of 
His Majesty the King, has caused the broad seal of the said 
colony to be affixed hereto, and the United States of America 
has caused these presents to be executed on its behalf by 
the day and the year first above written. 

Schedule 

(1) The waters of, and approaches to, Portland Bight, 
including Galleon Harbour, and Goat (Great and Little) 
Islands and the adjacent cays; the land area included 
therein being approximately two square miles. 

Reference: Chart H. O. 1683. 

(2) Beginning at a point (about longitude seventy-seven 
degrees, zero minutes, thirteen seconds, west ; latitude seven- 
teen degrees, fifty-seven minutes, forty-eight seconds, north) 
on the road between Hartland's Post Office about one-fourth 
of a mile south of the railroad crossing; thence along a 
southeast line a distance of three statute miles; thence due 
south to the shoreline on Manatee Bay; thence generally 
west and northwest along the shoreline to the small inlet 
about one-fourth of a mile northwest of Church Pen Gully 
outlet ; thence north to an intersection with the road between 
Bushy Park Station and the village of Old Harbour ; thence 
generally east to the crossing of the road between Bushy 
Park Station and Hartland's Station with Coleburn's Gully ; 
thence generally northeast along (but excluding) this road 
to the point of beginning, the entire tract containing ap- 
proximately thirty-four square miles. 

Reference: Map of the plains of St. Catherine, scale two 
inches equal one mile. 

(3) Beginning at the point on the southern shoreline of 
Portland Ridge (peninsula), where it is intersected by longi- 
tude seventy-seven degrees, twelve minutes, thirty seconds, 
west (approximately longitude seventy-seven degrees, thir- 



177 

teen minutes, west, on the map of Jamaica, 1926, P.W.D.) ; 
thence north along this longitude to the northern shoreline 
of Portland Ridge; thence generally east, south and west 
along the shoreline to point of beginning, the entire tract 
containing approximately eighteen square miles. 

Reference: Chart H.O. 1683; and map of Jamaica, cor- 
rected to 1926. P.W.D. scale one inch equals 2.698 miles. 

(4) Pigeon Island (an area of about fifty acres). 
Reference: Chart H.O. 1683. 

(5) Beginning at the point on the improved road be- 
tween Rest and May Pen where it crosses the canal running 
southeast from Rhymsberry to Manningsneld, along the 
road generally southwest for a distance of one statute mile ; 
thence generally southeast for one statute mile; thence gen- 
erally northeast to the canal; thence along (but excluding) 
the canal northwest to point of beginning, the entire tract 
containing approximately one square mile. 

Reference : Chart H.O. 1683 : Map of Jamaica, corrected 
to 1926, P.W.D. scale one inch equals 2.698 miles. 

(6) Beginning at the point where the road between 
Dunkeld (approximately mile post 47) and Mandeville 
crosses the Jamaica Government Railroad, generally north- 
west along (but excluding) the railway right-of-way ap- 
proximately eight hundred yards to fence line of Martin's 
Hill ; thence west of south about one thousand yards to fence 
line; thence generally east along meandering fence line to 
fence corner; thence generally north along fence line to its 
intersection with the railway right-of-way ; thence generally 
northwest along the said right-of-way to point of beginning, 
the entire tract containing approximately two hundred and 
twenty-five acres; provided that the highway right-of-way 
through this tract shall be excluded. 

Reference: Untitled land map of area north of Mande- 
ville, scale four inches equal one mile; and map of the 
Parish of Manchester, scale one inch equals one mile. 

4. SAINT LUCIA. 

This lease made the day of , 

nineteen hundred and forty-one between His Majesty the 
King of the one part and the United States of America 



178 

of the other part ; whereas by notes exchanged on the second 
day of September, nineteen hundred and forty (copies of 
which are appended to the agreement hereinafter referred 
to), His Majesty's Government in the United Kingdom 
made, and the Government of the United States ac- 
cepted, proposals for the grant to the Government of 
the United States, in exchange for naval and mili- 
tary equipment and material transferred by the United 
States to His Majesty's Government, of the lease of naval 
and air bases and facilities connected therewith, in certain 
localities, including the western coast of Saint Lucia, for 
a period of ninety-nine years free from all rent and charges 
other than compensation to be mutually agreed on to be paid 
by the United States in order to compensate the owners of 
private property for the loss by expropriation or damage 
arising out of the establishment of the said bases and 
facilities: and 

Whereas in furtherance of such proposals an agreement 
between the Government of the United Kingdom and the 
United States was signed on the 27th day of March, nineteen 
hundred and forty-one : 

Now, therefore, His Majesty doth hereby demise to the 
United States of America, free from all rent and charges 
other than compensation as hereinbefore mentioned, all that 
property described in the schedule hereto and delineated 
on the plan(s) annexed hereto, to hold unto the United 
States of America for a term of ninety-nine years commenc- 
ing on the date hereof, for the purposes specified in the 
aforesaid notes and with the rights, powers and authority 
and on the terms and conditions contained in the aforesaid 
agreement (except such parts thereof as relate specifically 
to territory other than Saint Lucia), which agreement (ex- 
cept as aforesaid) shall be regarde'd as incorporated in and 
made part of this lease. 

(2) The exact metes and bounds of the property generally 
described in the schedule hereto shall with all convenient 
speed be established by survey conducted by the United 
States of America, and shall then be described and deline- 
ated in a document or documents and a plan or plans in 
duplicate, which, when agreed and signed on behalf of 



179 

the parties hereto, shall supersede the description contained 
in the schedule hereto and the plan(s) annexed hereto. 
One copy of each such document and plan shall be retained 
by the United States of America and the other shall be 
deposited with the Governor of the Windward Islands. 

(3) The Government of the United States will not use 
the said property, or permit the use thereof, except for the 
purposes specified in the aforesaid notes and agreement. 

In witness whereof His Majesty the King has caused the 
public seal of the Colony of Saint Lucia to be affixed hereto, 
and the United States of America has caused these presents 

to be executed on its behalf by the day and 

the year first above written. 

Schedule 

(1) Beginning at the point of intersection of the low 
water line of the shore of Gros Islet Bay an arm of the 
Caribbean Sea and the extension of the southern boundary 
line of the Gros Islet cemetery, proceed along this southern 
boundary line of said Gros Islet cemetery across the public 
high road and through the Reduit Estate to a point in the 
Reduit Estate a distance of approximately seven hundred 
eighty nine feet, said line bearing south sixty one degrees 
twenty three minutes east; thence, through the said Reduit 
Estate on a line bearing due south, a distance of about 
twenty nine hundred feet, to a point within said Reduit 
Estate ; thence, through said Reduit Estate on a line bearing 
due west, a distance of about thirteen hundred six feet to 
a point on the Choc Dash Gros Islet high road; thence, 
along the westerly edge of the said Choc Dash Gros Islet 
high road on a line bearing south twenty degrees fifteen 
minutes west, a distance of about four hundred seventy six 
feet to a point; thence, on a line bearing south one degree 
three minutes east, a distance of about two hundred seventy 
seven feet to a point ; thence, on a line bearing south forty 
seven degrees thirty five minutes west, a distance of about 
two hundred sixty nine feet to a point; thence, on a line 
bearing south twenty seven degrees forty minutes east a 
distance of about four hundred forty two feet to a point; 



180 

thence, along the southerly boundary of the said Reduit 
Estate and the northerly boundar}' of Richard Bojottes 
property on a line bearing south eighty seven degrees zero 
minutes west, a distance of about five hundred forty two 
feet; thence along said southerly boundary of said Reduit 
Estate and the easterly boundaries of David Similien and 
Mde. E. Corosmain's lands, on a line bearing north nineteen 
degrees zero minutes west, a distance of about seven hundred 
forty five feet to the northern point of said Mde. E. Coros- 
main's lands; thence, along the said southerly boundary of 
the said Reduit Estate and the westerly boundary of the 
said Mde. E. Corosmain's lands, on a line bearing south 
thirty degrees fifteen minutes west, a distance of about six 
hundred fifty two feet to the southeastern corner of lands 
of heirs Richard Africain; thence, along the said southern 
boundary of the said Reduit Esate and the eastern boundary 
of the said heirs Richard Africain's lands, on a line bear- 
ing north sixteen degrees zero minutes west, a distance of 
about five hundred four feet to a point : thence, on a line- 
bearing north nineteen degrees thirty four minutes west, a 
distance of about six hundred sixty one feet to the north- 
eastern corner of the lands of the said heirs Richard Afri- 
cain ; thence, along the said southerly boundary of the said 
Reduit Estate and the northerly boundary of the lands of 
the said heirs Richard Africain on a line bearing north 
sixty two degrees two minutes west, a distance of about 
seven hundred forty six feet to a point on the easterly line 
of the lands of Henri Claude et al and forming the north- 
western corner of the lands of the said heirs Richard Afri- 
cain and the southwestern corner of the said Reduit Estate; 
thence, along the easterly boundary of the lands of the said 
Henri Claude et al and the westerly boundary of the lands 
of the said heirs Richard Africain, on a line bearing south 
four degrees fifty eight minutes west, a distance of about 
three hundred forty five feet to the southeastern boundary 
of the property of the said Henri Claude et al; thence, along 
the southerly boundary of the lands of the said Henri 
Claude et al and the northerly boundaries of the lands of 
the said heirs Richard Africain and heirs Christophe Am- 
broise, on a line bearing south sixty nine degrees fift} r five 



181 

minutes west a distance of about one thousand twenty seven 
feet to the intersection of said line with the low water line 
of the shore of the Caribbean Sea; thence, in a northerly 
and easterly direction along the low water line of the shore 
of the Caribbean Sea and Gros Islet Bay to the point of 
beginning; the entire tract containing approximately two 
hundred forty five acres. 

(2) Reference: Map of Saint Lucia, scale 1 inch equals 
100 feet, prepared by Department engineer, Puerto Rican 
Department, dated the 16th November, 1940. 

Beginning at a point on the shoreline of Anse Pointe 
Sable about 2,700 feet southwest of Pointe Sable; thence 
south 86 degrees-00 minutes west a distance of 2,700 feet 
to a point ; thence due north 950 feet to a point ; thence south 
87 degrees-00 minutes west a distance of approximately 
1,000 feet to a point on Vieuxfort River (the boundary cross- 
ing Vieuxfort-Castries road at a point about 750 feet north- 
erly from a railroad crossing near Vieuxfort Sugar Mill) ; 
thence northerly along Vieuxfort River a distance of ap- 
proximately 3,700 feet to a point (this point being 400 feet 
up-stream from a road bridge or ford southwest of Tourney 
Village) ; thence parallel to, and 750 feet northwest of, the 
centre line of northeast-southwest runway (as finally located 
after survey), this line having a bearing of approximately 
north 38 degrees-00 minutes east and a distance of about 
8,400 feet to a point which lies 800 feet south of a bridge 
of culvert on the Vieuxfort Castries Road (this bridge is 
located at the first sharp turn in the road at a distance of 
about two and one-third miles north of Vieuxfort Village) ; 
thence south 81 degrees-30 minutes east a distance of about 
3,400 feet to a point on the shoreline south of Port Des 
Savannes, this line being located generally along a ridge 
which approaches the shoreline about 9,000 feet north of 
Pointe Sable; thence following southward along the shore- 
line a distance of about two and one-quarter miles to point 
of beginning ; the entire tract containing approximately one 
thousand acres. 

(3) (An area along the Vieuxfort Bay with a frontage of 
1,000 feet and a depth of about 500 feet, not to include any 
part of the settled area of Vieuxfort Village.) 



182 

(4) (An area of about 10 acres in Vieuxfort Valley north 
of the area described in Paragraph 2 of this schedule suit- 
able for construction of a dam and reservoir for water 
supply. ) 

(5) Maria Island. 

(6) (A way-leave for water lines from reservoir to the 
area described in paragraph 2 of this schedule.) 

5. ANTIGUA. 

This lease made the day of , 

nineteen hundred and forty-one between His Majesty the 
King of the one part and the United States of America of 
the other part. 

Whereas by notes exchanged on the second day of Sep- 
tember, nineteen hundred and forty (copies of which are 
appended to the agreement hereinafter referred to), His 
Majesty's Government in the United Kingdom made, and the 
Government of the United States accepted, proposals for the 
grant to the Government of the United States, in exchange 
for naval and military equipment and material transferred 
by the United States to His Majesty's Government, of the 
lease of naval and air bases and facilities connected there- 
with, in certain localities, including the Island of Antigua, 
for a period of ninety-nine years free from all rent and 
charges other than compensation to be mutually agreed on 
to be paid by the United States in order to compensate the 
owners of private property for the loss by expropriation or 
damage arising out of the establishment of the said bases 
and facilities: and, 

Whereas in furtherance of such proposals an agreement 
between the Government of the United Kingdom and the 
United States of America was signed on the 27th day of 
March, nineteen hundred and forty-one : 

Now, therefore. His Majesty doth hereby demise to the 
United States of America, free from all rent and charges 
other than compensation as hereinbefore mentioned, all that 
property described in the schedule hereto and delineated on 
the plan(s) annexed hereto, to hold unto the United States 
of America for a term of ninety-nine years commencing on 
the date hereof, for the purposes specified in the aforesaid 
notes and with the rights, powers and authority and on the 



183 

terms and conditions contained in the aforesaid agreement 
(except such parts thereof as relate specifically to territory 
other than the Island of Antigua) which agreement (except 
as aforesaid) shall be regarded as incorporated in and made 
part of this lease. 

(2) The exact metes and bounds of the property generally 
described in the schedule hereto shall with all convenient 
speed be established by survey conducted by the United 
States of America, and shall then be described and delin- 
eated in a document or documents and a plan or plans in 
duplicate, which, when agreed and signed on behalf of the 
parties hereto, shall supersede the description contained in 
the schedule hereto and the plan(s) annexed hereto. One 
copy of each such document and plan shall be retained by 
the United States of America and the other shall be depos- 
ited with the Governor of the Leeward Islands. 

(3) The Government of the United States will not use 
the said property, or permit the use hereof, except for the 
purposes specified in the aforesaid notes and agreement. 

In witness whereof His Majesty the King has caused the 
public seal of the Presidency of Antigua to be affixed hereto 
and the United States of America has caused these presents 

to be executed on its behalf by the day and 

the year first above written. 

Schedule 

(1) Beginning at an existing old boundary stone whose 
latitude is north seventeen degrees five minutes seventeen 
point eighteen seconds and longitude west sixty one degrees 
forty five minutes nineteen point thirty five seconds located 
between Codringtons and Crabbs Estates; thence, running 
south five degrees eight minutes west, a distance of seven 
point sixty feet to a point ; thence, running north eighty one 
degrees forty four minutes west, a distance of thirteen hun- 
dred twenty eight feet to a point ; thence, north seventy de- 
grees thirty three minutes west, a distance of three hundred 
seven feet to a point; thence, north seventy eight degrees 
twenty eight minutes west, a distance of eighteen hundred 
thirty feet to a point on the low water line in Parham 
Harbor the latitude and longitude of said point being respec- 



184 

tively north seventeen degrees five minutes twenty three 
point sixty three seconds and west sixty one degrees forty 
five minutes fifty four point thirty nine seconds; thence, 
in a general northerly direction along the meanderings 
of the low water line along the west shore of Crabbs Penin- 
sula to the most northerly point thereof and, thence, in a 
general southerly direction continuing along the meander- 
ings of the low water line along the east shore of Crabbs 
Peninsula to a point whose latitude is north seventeen de- 
grees five minutes thirty three point ninety eight seconds 
and longitude west sixty one degrees forty five minutes 
seventeen point seventy eight seconds; thence, south five 
degrees eight minutes west a distance of seventeen hundred 
feet to the old boundary stone, which is the point of begin- 
ning; the entire tract containing approximately four hun- 
dred thirtv acres, also Rat and Mouse Islands. 

(2) Beginning at a point on the east west road five hun- 
dred yards west of high point factory; thence north about 
five-eighths of a mile to the shoreline of Judges' Bay; then 
east, south, and southeast along the shoreline to Barnacle 
Promontory, thence south and west along the shoreline to 
the mouth of the unnamed stream south of Millar; thence 
west along the said stream about five-eighths of a mile; 
thence north about nine hundred and fifty yards to base 
of Date Hill and the eastern edge of Winthorpe's Village 
(the village being excluded) ; thence due north about three- 
eighths of a mile to the point of beginning; the entire tract 
of land containing approximately one and two-fifths square 
miles; excepting and excluding from this tract the residen- 
tial part of the Millar estate. 

G. TRINIDAD. 

This lease made the day of , 

nineteen hundred and forty-one between His Majesty the 
King of the one part and the United States of America of 
the other part. 

Whereas by notes exchanged on the second day of Sep- 
tember, nineteen hundred and forty (copies of which are 
appended to the agreement hereinafter referred to), His 
Majesty's Government in the United Kingdom made, and 



185 

the Government of the United States accepted, proposals 
for the grant to the Government of the United States, in 
exchange for naval and military equipment and material 
transferred by the United States to His Majesty's Govern- 
ment, of the lease of naval and air bases and facilities con- 
nected therewith, in certain localities, including the west 
coast of Trinidad, for a period of ninety-nine years free 
from all rent and charges other than compensation to be 
mutually agreed on to be paid by the United States in order 
to compensate the owners of private property for the loss, 
by expropriation or damage arising out of the establish- 
ment of the said bases and facilities : and. 

Whereas, in furtherance of such proposals an agreement 
between the Government of the United Kingdom and the 
United States of America was signed on the 27th day of 
March, nineteen hundred and forty -one : 

Now, therefore, His Majesty doth hereby demise to the 
United States of America, free from all rent and charges 
other than compensation as hereinbefore mentioned, all that 
property described in the schedule hereto and delineated on 
the plan(s) annexed hereto, to hold unto the United States 
of America for a term of ninety-nine years commencing 
on the date hereof, for the purposes specified in the afore- 
said notes and with the rights, powers and authority and 
on the terms and conditions contained in the aforesaid agree- 
ment (except such parts thereof as relate specifically to 
territory other than Trinidad) which agreement (except as 
aforesaid) shall be regarded as incorporated in and made 
part of this lease. 

(2) The exact metes and bounds of the property generally 
described in the schedule hereto shall with all convenient 
speed be established by survey conducted by the United 
States of America, and shall then be described and deline- 
ated in a document or documents and a plan or plans in 
duplicate, which, when agreed and signed on behalf of the 
parties hereto, shall supersede the description contained in 
the schedule hereto and the plan(s) annexed hereto. One 
copy of each such document and plan shall be retained by 
the United States of America and the other shall be de- 
posited with the Governor of Trinidad and Tobago. 



180 

(3) The Government of the United States will not use 
the said property, or permit the use thereof, except for the 
purposes specified in the aforesaid notes and agreement. 

In witness whereof His Majesty the King has caused the 
public seal of the Colony of Trinidad and Tobago to be 
affixed hereto and the United States of America has caused 

these presents to be executed on its behalf by 

the day and the year first above written. 

Schedule 

(1) Beginning at the intersection of the shoreline west of 
St. Pierre with longitude sixty-one degrees, thirty-five min- 
utes, fifty-seven seconds, west, proceed northerly approxi- 
mately sixty-seven hundred feet along the ridge of the hill 
to the triangulation station marked elevation ten hundred 
and twenty-four: thence due north twenty-eight hundred 
feet : thence due west approximately fifty-two hundred feet 
to the junction with the west side of Tucker Valley Road: 
thence northerly approximately seven hundred feet along 
the said road to the junction with the west side of the road 
of the branch road marked on the map in yellow; 
thence northwesterly and westerly approximately eleven 
thousand two hundred feet along the said branch road 
and the bridle path extension thereof, to the end of 
the said bridle path: thence northwest approximately 
fourteen hundred feet to the shoreline : thence along 
the said shoreline, starting southwesterly, around En- 
trada Point and Point Dalgada to a point on the 
shore one hundred feet southwest of the western end of 
Hart's Cut ; thence on a straight line through the triangula- 
tion station marked elevation four hundred and sixty-two 
to the shoreline; thence around Point Gourde to the point 
of beginning: and. in addition thereto. Gasparillo Island 
and the Five Islands: the several areas totalling approxi- 
mately twelve square miles: provided that the area known 
as La Retraite shall be excluded. Reference : Map of Trini- 
dad and Tobago. Scales 1-50,000. Sheet A. 

(2) Beginning at the road junction approximately 2,000 
links east of the Guanapo River crossing of the eastern road 



187 

(approximate coordinates: 477,800 links east, 431,400 Jinks 
north) ; thence generally north along boundary line of Gua- 
napo Reserve approximately 7,000 links to angle in boundary 
line ; thence west about 4,500 links to intersection with Gua- 
napo River; thence generally north along Guanapo River 
to boundary of Guanapo Reserve; thence generally east 
along Guanapo Reserve boundary to point at 446,900 links 
north and 478,700 links east; thence east approximately 
20,800 links ; thence south approximately 9,000 links to north- 
west corner of Guaico Valencia Reserve; thence southeast 
along Reserve boundary to co-ordinate line 430,000 links 
north; thence east along this line about 7,500 links to inter- 
section with road; thence southeast generally parallel with 
road between Valencia and Sangre-Grande town to corner 
of Reserve; thence along Reserve boundary to point on 
boundary at 522,400 links east and 413,500 links north; 
thence southeast about 3,500 links to point on Reserve boun- 
dary; thence generally south, west, and north along the 
Reserve boundary to point at about 489,000 links east and 
411,250 links north; thence generally north across Aripo 
River to southwest corner of Cumuto Reserve; thence gen- 
erally north along Reserve boundary to co-ordinate line 
420,000 links north ; thence west along this line about 10,000 
links; thence north to point of beginning; the entire tract 
containing approximately eighteen square miles; provided 
that the existing eastern main road and the Trinidad Gov- 
ernment Railway within the parcel shall be excluded. Ref- 
erence: Map of Trinidad and Tobago. Scales 1-50,000. 
Sheets B., C. and E. 

(3) Beginning at road crossing northeast of Longdenville 
at about 409,500 links east and 366,600 links north; thence 
north along (but excluding) road about 2,000 links; thence 
east about 4,500 links ; thence south about 3,000 links ; thence 
east about 11,400 links to road; thence south along (but ex- 
cluding) road about 4,500 links to road junction; thence 
southeast along (but excluding trail) about 3,900 links to 
stream line; thence southwest about 4,500 links to Ravine 
Sable; thence generally west along Ravine Sable to crossing 
of improved road; thence northwest to road junction; thence 

414559—41 13 



188 

generally north along (but excluding) road to point of be- 
ginning; the entire tract containing approximately two 
square miles. Reference: Map of Trinidad and Tobago. 
Scales 1-50,000. Sheet D. 

(4) Beginning at point on road from Mature to Toco 
where Primera Pria River crosses it ; thence generally north- 
east along (but excluding) the road to the Saliboa River; 
thence generally south along the bank of the Saliboa River 
to the shore of Saline Bay; thence along the shoreline of 
Saline Bay to the mouth of the Primera Pria River ; thence 
to point of beginning; the entire tract containing approxi- 
mately ninety-six acres. Reference: Map of Trinidad and 
Tobago. Scales 1-50,000. Sheet C. 

7. BRITISH GUIANA. 

This lease made the day of , 

nineteen hundred and forty-one between the Colony of 
British Guiana of the one part and the United States of 
America of the other part. 

Whereas by notes exchanged on the second day of Sep- 
tember, nineteen hundred and forty (copies of which are 
appended to the agreement hereinafter referred to) His 
Majesty's Government in the United Kingdom made, and 
the Government of the United States accepted, proposals 
for the grant to the Government of the United States, in 
exchange for naval and military equipment and material 
transferred by the United States to His Majesty's Govern- 
ment, of the lease of naval and air bases and facilities con- 
nected therewith, in certain localities, including British 
Guiana within fifty miles of Georgetown, for a period of 
ninety-nine years free from all rent and charges other than 
compensation to be mutually agreed on to be paid by the 
United States in order to compensate the owners of private 
property for the loss by expropriation or damage arising 
out of the establishment of the said bases and facilities : and, 

Whereas in furtherance of such proposals an agreement 
between the Government of the United Kingdom and the 
United States of America was signed on the 27th day of 
March, nineteen hundred and forty-one : 



189 

Now, therefore, the colony of British Guiana doth hereby 
lease to the United States of America, free from all rent 
and charges other than compensation as hereinbefore men- 
tioned, all that property described in the schedule hereto 
and delineated on the plan(s) annexed hereto, to hold unto 
the United States of America for a term of ninety-nine 
years commencing on the date hereof, for the purposes speci- 
fied in the aforesaid notes and with the rights, powers and 
authority and on the terms and conditions contained in the 
aforesaid agreement (except such parts thereof as relate 
specifically to territory other than British Guiana), which 
agreement (except as aforesaid) shall be regarded as 
incorporated in and made part of this lease. 

(2) The exact metes and bounds of the property generally 
described in the schedule hereto shall with all convenient 
speed be established by survey conducted by the United 
States of America, and shall then be described and de- 
lineated in a document or documents and a plan or plans 
in duplicate, which, when agreed and signed on behalf of 
the parties hereto, shall supersede the description contained 
in the schedule hereto and the plan(s) annexed hereto. One 
copy of each such document and plan shall be retained by 
the United States of America and the other shall be de- 
posited with the Governor of British Guiana. 

(3) The Government of the United States will not use 
the said property, or permit the use thereof, except for the 
purposes specified in the aforesaid notes and agreement. 

In testimony whereof the parties have hereto set their 

hands the day and the year first above 

written. 

Schedule 

(1) Beginning at a point on the right (east) bank of the 
Demerara River one thousand yards southwest of the road 
junction at Hyde Park; thence about one and one-half miles 
along the meandering line generally parallel to, and about 
one thousand yards southwest of, the unimproved road run- 
ning generally southeast from Hyde Park and thence north- 
east about ninety five hundred feet; thence northwest about 
eight thousand feet to a point fifteen hundred feet east of 



190 

the Denierara River; thence generally southwest about 
forty-five hundred feet to the said unimproved road; thence 
northwest along (but excluding) the said road to the right 
(east) bank of the Denierara River; thence southwest along 
the bank of the river to the point of beginning, the entire 
tract containing approximately two and one-half square 
miles. 

Reference: Plan of the sea coast of British Guiana, in 
two sheets, 1925. 

(2) Beginning at the intersection of the shoreline of the 
east bank of the Essequibo River with latitude 6 degrees 
29' 14" north at a point marked "Quarry End" as shown 
on British Admiralty Chart No. 2783 published the 26th 
September, 1929, and entitled "Essequibo River Amarikuru 
Island to Bartica," proceed in a due east direction approxi- 
mately 8,000 feet; thence due south a distance of ap- 
proximately 5,800 feet to the north bank of Makauria Creek: 
thence in a northwesterly direction along the north bank of 
Makauria Creek to the intersection of the said north bank 
with the shoreline of the east bank of the Essequibo River: 
thence in a generally northerly direction along the shore- 
line of the east bank of the Essequibo River to the point 
of beginning, the entire tract containing approximately 1,400 
acres. 

Annex III. Special Provisions for Individual Territories 

(A) SPECIAL PROVISIONS APPERTAINING TO BERMUDA 

The United States will not close the existing channels 
from Ferry Point Bridge to St. George's Harbour or from 
St. George's Harbour through Stocks Harbour to Tucker's 
Town, unless it first provide alternative channels to give 
facilities at least as adequate as those given by the present 
channels. 

2. In its application to Bermuda, Article 1 (2) (E) of this 
agreement shall be construed as including the right, power 
and authority to install, maintain, use and operate under-sea 
and other defences, defence devices and controls, including 
detecting and other similar facilities, in the entrance of 



191 

Castle Harbour; but the United States will not close the 
channel through Castle Koads to the open sea. 

3. The United States shall have the right to construct a 
causeway between Tucker's Island and King's Point in 
Sandy's Parish, but a channel will be preserved and main- 
tained between Tucker's Island and King's Point, sufficient 
for such vessels as now use the channel at present existing. 

4. (a) In respect of the waters in the vicinity of Morgan's 
Island and Tucker's Island the United States shall have the 
right, power and authority to fill the whole or any part of 
the area generally described as follows : — 

Beginning at the most northerly point of Tucker's Island, 
a line drawn easterly for a distance of twenty-one hundred 
feet, passing through a point approximately fifty feet north 
of the most northerly point of Morgan's Island, to a point ; 
thence southeasterly along a line tangent to Morgan's Island 
to its most southeasterly point; thence a line to the most 
southwesterly point of Morgan's Island; thence a line to 
the most southerly point of Tucker's Island ; thence follow- 
ing the shoreline of Tucker's Island to the point of 
beginning. 

(b) The United States shall also have the right, power 
and authority to fill any indentations in the shoreline in 
the vicinity of King's Point in Sandy's Parish in order to 
straighten the shoreline. 

5. The United States will not interrupt highway com- 
munication between Hamilton Parish and St. George's 
Island; and if its works or operations shall prevent the 
continued use of the present highway facilities between Blue 
Hole and the Swing Bridge on St. George's Island, and it 
does not provide alternative facilities, as satisfactory as the 
said present facilities, directly between those points, it will 
provide such alternative facilities between the main north 
shore road at Bailey's Bay and the main road at Mullet 
Bay, and will for that purpose construct and maintain a 
suitable drawbridge between Coney Island and Ferry Point. 

6. Except when the United States is engaged in war, or 
in time of other emergency, the United States will not use 
motor vehicles outside the leased areas except so far as 
the Government of Bermuda shall agree to such use. 



192 

(B) SPECIAL PROVISIONS APPERTAINING TO JAMAICA 

Without prejudice to the rights of the Government of 
the United Kingdom, the United States shall have the right 
to repair, restore, or construct, on the site of the old naval 
station at Port Royal on the Palisadoes Peninsula, shops, 
storehouses, piers, wharves, graving docks and other similar 
facilities useful and convenient for the supply, maintenance 
and repair of naval vesels, auxiliaries and similar craft. 
Such facilities may be used jointly and on equal terms, 
within the limits of their capacity, when and as conditions 
permit, by the United States and the Government of the 
United Kingdom. The United States will, in exercising 
such right, preserve features of historic interest so far as 
practicable. 

(C) SPECIAL PROVISION APPERTAINING TO ST. LUCIA 

The United States will maintain existing highways 
traversing the leased areas and will permit, without restric- 
tions except such as may be necessary for military reasons, 
the use thereof without payment by the Government of the 
United Kingdom, the Government of St. Lucia and members 
of the public; or may, if it so desires, in substitution for 
such highways, construct for such use highways outside 
the leased areas. 

(D) SPECIAL PROVISION APPERTAINING TO ANTIGUA 

The United States will grant, without cost, to the present 
owner of the High Point estate a licence for the continued 
occupation, during the lifetime of the said owner, of any 
portion of the residential part of the said estate which on 
final survey may fall within the leased area. 

(E) SPECIAL PROVISIONS APPERTAINING TO TRINIDAD 

(1) Should the United States determine that it is neces- 
sary to remove the quarantine station from the Five Islands, 
the United States will pay just compensation for such re- 
moval, the amount of such compensation to he mutually 
agreed upon. 



193 

• 

(2) The United States shall have the following rights: — 

(a) To impound, take and use the waters of and in the 
watershed of the Aripo River north of the Cumuto area for 
the requirements of the United States forces from time to 
time stationed at or employed in the leased areas, and for 
all other necessary purposes connected with the construction, 
maintenance, operation and defence of the bases established 
in Trinidad by the United States ; 

(b) To construct, maintain and operate dams, reservoirs 
and other necessary works and facilities for the purposes 
aforesaid ; 

(c) To lay and maintain pipe-lines in and from the water- 
shed across the lands of Trinidad for the purpose of carry- 
ing the said waters to the said bases, and to be afforded 
all way-leaves necessary for this purpose ; 

(d) To take and do all such measures, acts and things as 
may from time to time be necessary to control the areas 
comprised in the said watershed in order to safeguard, or 
prevent the pollution of, the said waters or otherwise to 
ensure their purity ; 

(e) To take on lease on the same terms as are contained 
in this agreement or to occupy such areas of land, whether 
in crown or private ownership, as may from time to time 
be necessary for any of the purposes aforesaid, with out con- 
sideration other than such compensation to be mutually 
agreed on to be paid by the United States in order to com- 
pensate the owners of private property, if any, for loss by 
expropriation or damage, the amount of such compensation 
to be determined in accordance with the procedure adopted 
for assessing compensation to such owners for loss by ex- 
propriation or damage arising out of the establishment of 
the bases: provided that the Government of Trinidad shall 
be entitled to take and use so much of the waters of and in 
the said watershed as the United States may from time to 
time determine to be in excess of the actual requirements 
of the United States; and that any dams or other works 
established by the United States shall be so constructed as 
to be capable of extension in order to enable the said surplus 
waters to be made available to the Government of Trinidad. 

(3) The United States shall have the right to establish nee- 



194 

• 
essary defences in the entrance waters of the Gulf of Paria 

on certain islands of the Dragon's Mouth and on the main- 
land at the Serpent's Mouth, the terms and conditions of 
the leases for the areas required for these installations to 
be those set out in this agreement. If the Government of 
the United Kingdom shall determine to install additional 
defences on the outer promontories of the leased areas the 
United States agrees to surrender areas of such extent and 
on such terms as may be mutually agreed. 

(4) Whenever required and after notification to the Gov- 
ernor of Trinidad, the United States shall have control over 
an anchorage, to be known as the United States Fleet An- 
chorage, comprising the whole or any part of an area in 
the Gulf of Paria lying north of the line (extended) of 
the present dredged channel to Port of Spain and west of 
the longitude of Cumana Point, of about 12 square miles in 
depths of more than 5 fathoms with additional anchorage in 
less depths. When not required by the United States, the 
control of the whole or any part of the area shall revert to 
the Government of Trinidad on due notification until such 
time as the Government of Trinidad is notified that control 
is again required. The notifications mentioned above shall 
contain a description of the area required or not required as 
the case may be. The control to be exercised by the United 
States is such control as is necessary for the establishment, 
use, operation and defence of the anchorage. The provi- 
sions of the agreement applicable to leased areas, shall 
during the period of United States control, apply to the 
anchorage to the full extent necessary or appropriate for 
the establishment, use, operation, defence and control 
thereof. 

(5) From such areas and under such terms and conditions 
as may be mutually agreed by the Government of the United 
States and the Government of Trinidad, the Government 
of Trinidad shall be permitted within the leased areas to 
win stone, gravel and sand for public works; provided that 
such permission shall not be exercised so as to interfere 
with the construction, maintenance, operation or defence of 
the bases and shall be subject to such restrictions as may be 
demanded by military necessity. 



195 

(6) (a) The Government of the United Kingdom shall 
secure the grant to the United States of a lease for a period 
of twelve months of 1,200 feet of existing wharfage and two 
of the existing transit sheds on the waterfront at Port of 
Spain, provided that when the said wharfage and sheds are 
not being used by the United States they shall be placed at 
the disposal of the Government of the United Kingdom and 
the Government of Trinidad upon request by the latter. 
Pending the execution of such lease, the United States 
shall have the use of the said wharfage and sheds under the 
conditions aforesaid. 

(b) The United States may during the period of the above 
lease extend the existing wharfage at Port of Spain west- 
ward for a distance not exceeding 3,000 feet, and shall be 
granted a lease of such extension for the unexpired period 
of the lease of the leased areas ; provided that if the Govern- 
ment of Trinidad shall construct for transfer to the United 
States alternative wharfage outside of Port of Spain which 
shall be satisfactory in all respects to the United States, then 
the United States will surrender in exchange to the Govern- 
ment of Trinidad, on terms to be mutually agreed, its rights 
under the lease of the said wharfage in Port of Spain. 

(7) The United States will afford access to the Macqueripe 
Bay area to the Government of Trinidad and members of 
the public by way of the existing road or by such other road 
as may be constructed, subject only to such restrictions as are 
demanded by military necessity and proper police control. 

(8) If the eastern main road to Saline Bay is completed by 
the United States, the United States will, subject only to 
such restrictions as are demanded by military necessity, 
afford the Government of Trinidad and members of the 
public free use thereof. The United States will afford like 
use of any road that may be constructed by the United 
States from Port of Spain to the Cumuto area. 

(F) SPECIAL PROVISION APPERTAINING TO BRITISH GUIANA 

(1) In its use of the Demerara and Essequibo Rivers, the 
United States shall not obstruct the navigation thereof. 

(2) From such areas and under such terms as may be 
mutually agreed by the Government of the United States 



196 

and the Government of British Guiana, the Government of 
British Guiana shall be permitted within the leased areas 
to win stone for public works; provided that such permis- 
sion shall not be exercised so as to interfere with the con- 
struction, maintenance, operation, or defence of the bases 
and shall be subject to such restrictions as may be demanded 
by military necessity. 



Note from the American Ambassador at London (Winant) 
to the British Secretary of State for Foreign Affairs 
{Eden) 

March 27, 1941. 
I have the honour to inform Your Excellency that my 
Government has agreed to the following understanding in 
respect of Article XVI of the Agreement signed this day 
between our respective Governments concerning the lease 
of bases : 

(1) Mails passing between United States Post Offices shall 
not be subject to censorship except by the United States. 

(2) In connection with the establishment of any United 
States Post Offices in a leased area, the United States will 
arrange administratively, for such time as Great Britain 
may be at war, for the examination of all nonofficial incom- 
ing or outgoing mail destined for or originating in a leased 
area. 

(3) The use of these post offices will be strictly limited 
to persons entitled under Article XVI to use them and any 
mail deposited in such a post office which may be found by 
the United States examiners to be from a person not en- 
titled to use it will, if required, be made available to the 
authorities of the territory for examination. 

(4) Should the United States be at war and Great Britain 
be neutral, the British Government will insure that a 
similar procedure is adopted, with respect to incoming or 
outgoing mail destined for or originating in the territory 
in which a leased area is located, to safeguard the interests 
of the United States in the leased area. 

(5) The United States and British authorities will col- 
laborate to prevent their respective mails, in the leased areas 



197 

or ill the territories in which they are located, being used 
prejudicially to the security of the other. 

(6) There will be no examination of official mail of either 
Government by the other under any conditions. 

If Your Excellency's Government agrees to this under- 
standing I would suggest that the present note and your 
reply to that effect be regarded as placing it on record. 



Note from the British Secretary of State for Foreign Affairs 
{Eden) to the American Ambassador at London 
{Winant) 

London, March 27. 1941. 

I have the honour to acknowledge the receipt of Your 
Excellency's note of today's date concerning censorship, the 
terms of which are as follows : 

[Here follows text of note printed above.] 

2. In reply, I have the honour to inform Your Excellency 
that the Government of the United Kingdom of Great 
Britain and Northern Ireland agree to this understanding, 
and, in accordance with Your Excellency's suggestion, Your 
Excellency's note and this reply will be regarded as placing 
on record the understanding between the two governments 
in this matter. 



Note from the British Secretary of State for Foreign Affairs 
{Eden ) to the American Ambassador at London { Winant) 

London, March 27, 1941. 
I have the honour to inform Your Excellency that in 
signing this day the agreement concerning the lease of naval 
and air bases, it is the intention of the Government of the 
United States Kingdom of Great Britain and Northern Ire- 
land that upon the resumption by Newfoundland of the con- 
stitutional status held by it prior to February 16, 1934, the 
words "The Government of the United Kingdom" wherever 
they occur in relation to a provision applicable to New- 
foundland in the said agreement shall be taken to mean, 
so far as Newfoundland is concerned, the Government of 



198 

Newfoundland, and the agreement shall then be construed 
accordingly. 

If the Government of the United States agree to this in- 
terpretation I would suggest that the present note and Your 
Excellency's reply to that effect be regarded as placing on 
record the understanding of the two contracting Govern- 
ments in this matter. 



Note from the American Ambassador at London (Whiant) 
to the British Secretary of State for Foreign Affairs 
{Eden) 

London. March 27, 1941. 

I have the honor to acknowledge receipt of your note of 
today's date the terms of which are as follows : 

[Here follows text of note printed above.] 

2. In reply I have the honor to inform Your Excellency 
that the Government of the United States accepts the in- 
terpretation of the agreement concerning the lease of naval 
and air bases signed this day as set forth in your note and 
in accordance with the suggestion contained therein, your 
note and this reply will be regarded as placing on record 
the understanding between the two contracting Govern- 
ments in this matter . 

PROTOCOL 

The text of the protocol signed at London March 27, 1941 
by plenipotentiaries of the Governments of Canada, the 
United Kingdom of Great Britain and Northern Ireland, 
and the United States of America is as follows : 

London. March 27. 1941. 

The undersigned Plenipotentiaries of the Governments 
of Canada, the United Kingdom of Great Britain and 
Northern Ireland and the United States of America having 
been authorized by their respective Governments to clarify 
certain matters concerning the defense of Newfoundland 
arising out of the Agreement signed this day concerning 
the bases leased to the United States, have drawn up and 
signed the following protocol. 

It is recognized that the defense of Newfoundland is an 
integral feature of the Canadian scheme of defense and as 



199 

such is a matter of special concern to the Canadian Gov- 
ernment, which has already assumed certain responsibilities 
for this defense. 

It is agreed, therefore, that in all powers which may be 
exercised and in such actions as may be taken under the 
Agreement for the use and operation of the United States 
Bases, dated March 27, 1941 in respect of Newfoundland, 
Canadian interests in regard to defense will be fully 
respected. 

Nothing in this Agreement shall affect the arrangements 
relative to the defense of Newfoundland already made by 
the Governments of the United States and Canada in pur- 
surance of recommendations submitted to those Governments 
by the Permanent Joint Board on Defense — United States 
and Canada. 

It is further agreed that in all consultations concerning 
Newfoundland arising out of Articles I (4), II, and XI (5) 
of the Agreement, or of any other Articles involving con- 
siderations of defense the Canadian Government as well as 
the Government of Newfoundland will have the right to 
participate. 

On behalf of the United States of America : 

John G. Win ant, 

Ambassador of the United States of America. 
Charles Fahy. 
Harry J. Malony. 
Harold Biesemeier. 
On behalf of Canada : 

Vincent Massey, 
Canadian High C o?nmissioner at London. 
L. W. Murray. 
L. B. Pearson. 
On behalf of the Government of the United Kingdom of 
Great Britain and Northern Ireland : 

Winston Churchill, 

Prime Minister. 
Lord Cranborne, 
Secretary of State for Dominions. 
Lord Moyne, 
Secretary of State for Colonics. 



XXXIV. German and Italian Ships in United 

States Ports 

(Dept. of State Bulletin, Vol. IV, No. 93, April 5, 1941) 

The following note has been sent by the Secre- 
tary of State to the Charge d'Aff aires ad interim 
of Germany, Herr Hans Thomsen : 

"April 3, 1941. 
"Sir: 

"I am in receipt of your two notes dated March 31 and 
April 1, 1941, respectively, regarding the taking of posses- 
sion and control of the German tanker Pauline Freidrich in 
the port of Boston and the motorship Arauca at Port Ever- 
glades and the removal therefrom of the officers and crews. 

"I note your allegation that there is no legal basis in inter- 
national law for the action taken and that it constitutes a 
violation of the existing Treaty of Friendship, Commerce 
and Consular Rights, signed by our two Governments on 
December 8, 1923. You even go so far as to request that 
these vessels be restored to the 'unlimited authority of tiie 
captains' and that the members of the crews be placed at 
'liberty immediately' and allowed 'to return to and stay-on 
board their ships', etc. 

"I am surprised at these extreme assertions and demands. 
In the first place, you do not state upon what principle of 
international law or upon what provision of the treaty be- 
tween our two countries you rely, and in the second place, 
you seem wholly to disregard the plain provisions of our 
statutes which make it a felony for the master or any other 
person in charge or command of a vessel, foreign or do- 
mestic, or for any member of the crew or other person, 
within the territorial waters of the United States, wilfully 
to cause or permit the destruction or injury of such a vessel 
or to tamper with its motive power or instrumentalities of 
navigation; and which authorize the authorities of this Gov- 

200 



201 

eminent to take possession and control of any vessel and to 
remove therefrom the officers and crew when such action 
is deemed to be necessary to protect the vessel from damage 
or injury or to prevent damage or injury to any harbor or 
waters of the United States. 

"I know of no principle of international law which per- 
mits the masters or crews of vessels of a country which have 
sought refuge in or entered the ports of another country, 
to commit acts of destruction in disregard of local law and 
of the hospitality which they have been permitted to enjoy ; 
nor is there any provision in the treaty between our two 
countries which lends even color of support to any such 
argument. It would indeed be unthinkable that any civi- 
lized nation would become a party to a treaty containing any 
such provision or that it would subscribe to any so-called 
principle of international law which would permit foreign 
vessels to be brought to its harbors and roadsteads and there 
wilfully damaged and wrecked in violation of law and to 
the detriment of navigation and even the safety of its har- 
bors without restraint or hindrance by the local sovereign. 

"On one of the vessels here in question the auxiliary ma- 
chinery was smashed and the main propelling machinery was 
deliberately wrecked; and if the scuttling and burning of 
ships in other harbors of this continent may be regarded as 
indicative of what might be expected in our ports, it is 
difficult to see how your Government could expect this Gov- 
ernment to be oblivious to the situation presented. 

"An inquiry is being made concerning other features of 
your complaint and I shall communicate with you regarding 
them at a later date. 

"Accept (etc.) 

Cordell Hull" 



XXXV. Agreement Relating to the Defense of 

Greenland 

(Dept. of State Bulletin, Vol. IV, No. 94, April 12, 1941) 
Statement by the President 

Yesterday we signed an agreement with the Dan- 
ish Minister in Washington, who acts on behalf of 
the King of Denmark as sovereign of Greenland, 
including Greenland in our system of cooperative 
hemispheric defense. 

This agreement was signed on the anniversary 
of the day on which German troops invaded Den- 
mark. 

Last May the Greenland Councils requested the 
United States to keep in mind the exposed posi- 
tion of the Danish flag in Greenland. I at once 
offered to make available relief, if necessary; and 
to assure a continued flow of necessary supplies for 
the island. The present step is a new proof of 
our continuing friendliness to Denmark. Under 
the present circumstances the Government in Den- 
mark cannot, of course, act in respect of its terri- 
tory in the Western Hemisphere, but we propose 
to make sure that when the German invasion of 
Denmark has ended, Greenland will remain a Dan- 
ish colony. Meanwhile, we earnestly hope for the 
quick liberation of Denmark from her present 
invaders. 

Announcement by the Department of State 

The Department of State announced April 10 
the signing on April 9, 1941 of an agreement be- 

202 



203 

tween the Secretary of State, acting on behalf of 
the Government of the United States of America, 
and the Danish Minister, Henrik de Kauffmann, 
acting on behalf of His Majesty the King of Den- 
mark in his capacity as sovereign of Greenland. 

The agreement recognizes that as a result of the 
present European war there is danger that Green- 
land may be converted into a point of aggression 
against nations of the American Continent, and 
accepts the responsibility on behalf of the United 
States of assisting Greenland in the maintenance 
of its present status. 

The agreement, after explicitly recognizing the 
Danish sovereignty over Greenland, proceeds to 
grant to the United States the right to locate and 
construct airplane landing fields and facilities for 
the defense of Greenland and for the defense 01 
the American Continent. 

The circumstances leading up to the agreement 
are as follows. 

On April 9, 1940 the German Army invaded and 
occupied Denmark, and that occupation continues. 
In condemning this invasion President Roosevelt 
said: 

"Force and military aggression are once more on the march 
against small nations, in this instance through the invasion 
of Denmark and Norway. These two nations have won and 
maintained during a period of many generations the re- 
spect and regard not only of the American people, but of 
all peoples, because of their observance of the highest stand- 
ards of national and international conduct. 

"The Government of the United States has on the occa- 
sion of recent invasions strongly expressed its disapproba- 
tion of such unlawful exercise of force. It here reiterates, 
with undiminished emphasis, its point of view as expressed 

414559—41 14 



204 

on those occasions. If civilization is to survive, the rights 
of the smaller nations to independence, to their territorial 
integrity, and to the unimpeded opportunity for self- 
government must be respected by their more powerful 
neighbors." 

This invasion at once raised questions as to the 
status of Greenland, which has been recognized as 
being within the area of the Monroe Doctrine. The 
Government of the United States announces its 
policy of maintenance of the status quo in the 
Western Hemisphere. 

On May 3, 1940 the Greenland Councils, meeting 
at Godhavn, adopted a resolution in the name of 
the people of Greenland reaffirming their allegiance 
to King Christian X of Denmark, and expressed the 
hope that so long as Greenland remained cut off 
from the mother country, the Government of the 
United States would continue to keep in mind the 
exposed position of the Danish flag in Greenland 
and of the native and Danish population of Green- 
land. The Government of the United States ex- 
pressed its willingness to assure that the needs of 
the population of Greenland would be taken care of. 

On July 25, 1940, the consultation of American 
Foreign Ministers at Habana declared that any 
attempt on the part of a non- American state against 
the integrity or inviolability of the territory, the 
sovereignty, or the political independence of an 
American state should be considered an act of ag- 
gression, and that they would cooperate in defense 
against any such aggression. In a further declara- 
tion, known as the Act of Habana, it declared that 
the status of regions in this continent belonging 
to European powers was a subject of deep concern 
to all of the governments of the American republics. 



205 

During the summer of 1940 German activity on 
the eastern coast of Greenland became apparent. 
Three ships proceeding from Norwegian territory 
under German occupation arrived off the coast of 
Greenland, ostensibly for commercial or scientific 
purposes; and at least one of these ships landed 
parties nominally for scientific purposes, but ac- 
tually for meteorological assistance to German bel- 
ligerent operations in the north Atlantic. These 
parties were eventually cleared out. In the late 
fall of 1940, air reconnaissance appeared over East 
Greenland under circumstances making it plain 
that there had been continued activity in that 
region. 

On March 27, 1941, a German bomber flew over 
the eastern coast of Greenland and on the follow- 
ing day another German war plane likewise recon- 
noitered the same territory. Under these circum- 
stances it appeared that further steps for the de- 
fense of Greenland were necessary to bring Green- 
land within the system of hemispheric defense 
envisaged by the Act of Habana. 

The Government of the United States has no 
thought in mind save that of assuring the safety 
of Greenland and the rest of the American Con- 
tinent, and Greenland's continuance under Danish 
sovereignty. The agreement recognizes explicitly 
the full Danish sovereignty over Greenland. At 
the same time it is recognized that so long as Den- 
mark remains under German occupation the Gov- 
ernment in Denmark cannot exercise the Danish 
sovereign powers over Greenland under the Mon- 
roe Doctrine, and the agreement therefore was 
signed between the Secretary of State and the 



206 

Danish Minister in Washington, acting as repre- 
sentative of the King of Denmark in his capacity 
as sovereign of Greenland, and with the concur- 
rence of the Governors of Greenland. 

The step is taken in furtherance of the tradi- 
tional friendliness between Denmark and the 
United States. The policy of the United States 
is that of defending for Denmark her sovereignty 
over Greenland, so that she may have a full exer- 
cise of it as soon as the invasion is ended. The 
agreement accordingly provides that as soon as the 
war is over and the danger has passed, the two Gov- 
ernments shall promptly consult as to whether the 
arrangements made by the present agreement shall 
continue or whether they shall then cease. 

Text of the Agreement 

Whereas: 

One. After the invasion and occupation of Den- 
mark on April 9, 1940 by foreign military forces, 
the United Greenland Councils at their meeting at 
Godhavn on May 3, 1940 adopted in the name of the 
people of Greenland a resolution reiterating their 
oath of allegiance to King Christian X of Denmark 
and expressing the hope that, for as long as Green- 
land remains cut off from the mother country, the 
Government of the United States of America will 
continue to hold in mind the exposed position of 
the Danish flag in Greenland, of the native Green- 
land and Danish population, and of established 
public order; and 

Two. The Governments of all of the American 
Republics have agreed that the status of regions 
in the Western Hemisphere belonging to European 
powers is a subject of deep concern to the Ameri- 



207 

can Nations, and that the course of military events 
in Europe and the changes resulting from them 
may create the grave danger that European terri- 
torial possessions in America may be converted into 
strategic centers of aggression against nations of 
the American Continent ; and 

Three. Defense of Greenland against attack by 
a non- American power is essential to the preserva- 
tion of the peace and security of the American 
Continent and is a subject of vital concern to the 
United States of America and also to the Kingdom 
of Denmark ; and 

Four. Although the sovereignty of Denmark 
over Greenland is fully recognized, the present cir- 
cumstances for the time being prevent the Gov- 
ernment in Denmark from exercising its powers 
in respect of Greenland. 
Therefore, 

The undersigned, to wit : Cordell Hull, Secre- 
tary of State of the United States of America, 
acting on behalf of the Government of the United 
States of America, and Henrik de Kattffmann, 
Envoy Extraordinary and Minister Plenipoten- 
tiary of His Majesty the King of Denmark at 
Washington, acting on behalf of His Majesty the 
King of Denmark in His capacity as sovereign of 
Greenland, w T hose authorities in Greenland have 
concurred herein, have agreed as follows : 

Article I 

The Government of the United States of America reit- 
erates its recognition of and respect for the sovereignty of 
the Kingdom of Denmark over Greenland. Recognizing 
that as a result of the present European war there is 
danger that Greenland may be converted into a point of 



208 

aggression against nations of the American Continent, the 
Government of the United States of America, having in 
mind its obligations under the Act of Habana signed on 
July 30, 1940, accepts the responsibility of assisting Green- 
land in the maintenance of its present status. 

Article II 

It is agreed that the Government of the United States of 
America shall have the right to construct, maintain and 
operate such landing fields, seaplane facilities and radio and 
meteorological installations as may be necessary for the 
accomplishment of the purposes set forth in Article I. 

Article III 

The grants of the rights specified in Article II shall 
also include the right to improve and deepen harbors and 
anchorages and the approaches thereto, to install aids to 
navigation bv air and bv water, and to construct roads, 
communication services, fortifications, repair and storage 
facilities, and housing for personnel, and generally, the 
right to do any and all things necessary to insure the efficient 
operation, maintenance and protection of such defense 
facilities as may be established. 

Article IV 

The landing fields, seaplane, harbor and other defense 
facilities that may be constructed and operated by the Gov- 
ernment of the United States of America under Articles 
II and III will be made available to the airplanes and ves- 
sels of all the American Nations for purposes connected 
with the common defense of the Western Hemisphere. 

Article V 

It is agreed that the Government of the United States of 
America shall have the right to lease for such period of 
time as this Agreement may be in force such areas of land 
and water as may be necessary for the construction, opera- 
tion and protection of the defense facilities specified in 
article II and III. In locating the aforesaid defense areas. 



209 

the fullest consideration consistent with military necessity 
shall be given to the welfare, health and economic needs of 
the native population of Greenland. It is agreed, however, 
that since the paramount objective sought is the early attain- 
ment of an adequate defense establishment in Greenland, 
the utilization of any area deemed b} T the Government of the 
United States of America to be needed for this purpose shall 
not be delayed pending the reaching of an agreement upon 
the precise terms of a formal lease. A description of such 
areas, by metes and bounds, and a statement of the purpose 
for which they are needed shall in each case be communicated 
to the Danish authorities in Greenland as soon as practicable, 
and the negotiation of a formal lease shall be undertaken 
within a reasonable period of time thereafter. 

Article VI 

The Kingdom of Denmark retains sovereignty over the 
defense areas mentioned in the preceding articles. So long 
as this Agreement shall remain in force, the Government of 
the United States of America shall have exclusive jurisdic- 
tion over any such defense area in Greenland and over mili- 
tary and civilian personnel of the United States, and their 
families, as well as over all other persons within such areas 
except Danish citizens and native Greenlanders, it being 
understood, however, that the Government of the United 
States may turn over to the Danish authorities in Greenland 
for trial and punishment any person commiting an offense 
within a defense area, if the Government of the United 
States shall decide not to exercise jurisdiction in such case. 
The Danish authorities in Greenland will take adequate 
measures to insure the prosecution and punishment in case 
of conviction of all Danish citizens, native Greenlanders, 
and other persons who may be turned over to them by the 
authorities of the United States, for offenses com in it ted 
within the said defense areas. 

Article VII 

It is agreed that the Government of the United States of 
America shall have the right to establish and maintain postal 



210 

facilities and commissary stores to be used solely by militar}' 
and civilian personnel of the United States, and their fami- 
lies, maintained in Greenland in connection with the Green- 
land defense establishment. If requested b} r the Danish 
authorities in Greenland, arrangements will be made to 
enable persons other than those mentioned to purchase 
necessary supplies at such commissary stores as may be 
established. 

Article VIII 

All materials, supplies and equipment for the construc- 
tion, use and operation of the defense establishment and 
for the personal needs of military and civilian personnel of 
the United States, and their families, shall be permitted 
entry into Greenland free of customs duties, excise taxes, or 
other charges, and the said personnel, and their families, 
shall also be exempt from all forms of taxation, assessments 
or other levies by the Danish authorities in Greenland. 

Article IX 

The Government of the United States of America will 
respect all legitimate interests in Greenland as well as all 
the laws, regulations and customs pertaining to the native 
population and the internal administration of Greenland. 
In exercising the rights derived from this Agreement the 
Government of the United States will give sympathetic con- 
sideration to all representations made by the Danish au- 
thorities in Greenland with respect to the welfare of the 
inhabitants of Greenland. 

Article X 

This Agreement shall remain in force until it is agreed 
that the present dangers to the peace and security of the 
American Continent have passed. At that time the modi- 
fication or termination of the Agreement will be the subject 
of consultation between the Government of the United States 
of America and the Government of Denmark. After due 
consultation has taken place, each party shall have the right 



211 

to give the other party notice of its intention to terminate 
the Agreement, and it is hereby agreed, that at the expira- 
tion of twelve months after such notice shall have been re- 
ceived by either party from the other this Agreement shall 
cease to be in force. 

Signed at Washington in duplicate, in the English and 
Danish languages, both texts having equal force, this 9th 
day of April, nineteen hundred and forty-one. 

[seal] Cordell Hull, 

Secretary of State of the 
United States of America. 
[seal] Henrik Kauffmann, 

Envoy Extraordinary and 
Minister Plenipotentiary 
of His Majesty the King 
of Denmark at Washington. 



EXCHANGE OF NOTES BETWEEN THE SECRETARY OF STATE 
AND THE MINISTER OF DENMARK 

The Secretary of State to the Minister of Denmark 

Department of State, 

Washington, April 7, 19Jfl. 



Sir: 

I have the honor to refer to the informal conversations 
which you have had with officers of the Department of State 
during which the concern of the Government of the United 
States was expressed over the effect of recent military de- 
velopments, particularly affecting Greenland, upon the main- 
tenance of the peace and security of the United States and 
the rest of the American Continent. 

You are also aware of the interest of the Government of 
the United States in maintaining unimpaired the safety of 
Greenland and the sovereignty of Denmark over that island. 
My Government has continuously had in mind the desire 
expressed by the United Greenland Councils at their meet- 



212 

ing at Godhavn on May 3, 1940 that the Government of the 
United States of America would continue to hold in mind 
the exposed position of the Danisli flag in Greenland and 
of the native Greenland and Danish population of the island. 

My Government has taken note of the unusual situation 
in which Greenland now finds itself. The Kingdom of Den- 
mark is at present under occupation by a foreign army. 
The Government of the United States has condemned that 
invasion as a violation of Danish sovereign rights, and has 
repeatedly expressed its friendly concern and its most earnest 
hope for the complete and speedy liberation of Denmark. 
Although the Government of the United States fully recog- 
nizes the sovereignty of the Kingdom of Denmark over 
Greenland, it is unhappily clear that the Government in 
Denmark is not in a position to exercise sovereign power 
over Greenland so long as the present military occupation 
continues. 

Greenland is within the area embraced by the Monroe 
Doctrine and by the Act of Havana, with which you are 
familiar, and its defense against attack by a non-American 
power is plainly essential to the preservation of the peace 
and security of the American continent, and of the tradi- 
tional policies of this Government respecting the Western 
Hemisphere. 

My Government has consequently proposed measures for 
the adequate defense of Greenland consistent with the obli- 
gations of the United States under the Act of Havana signed 
on July 30, 1940. In doing so it is animated by sentiments 
of the completest friendliness for Denmark, and believes 
that by taking these steps it is safeguarding the eventual 
re-establishment of the normal relationship between Green- 
land and the Kingdom of Denmark. 

I have the honor to enclose a draft of the proposed agree- 
ment relating to the defense of Greenland, which I believe 
embodies the ideas agreed upon in the course of our various 
conversations. 

Accept [etc.] Cordell Hull 



213 

The Minister of Denmark to the Secretary of State 

Royal Danish Legation, 
Washington, D. C, April 9, 1941. 
Sir: 

I have received your note of the seventh instant concern- 
ing the defense of Greenland together with a draft of a 
proposed agreement regarding the same subject. 

It is with appreciation that I note your renewed assur- 
ance that, although the present circumstances prevent the 
Government in Denmark for the time being from exercising 
its powers in respect of Greenland, your Government fully 
recognizes the Sovereignty of the Kingdom of Denmark over 
the island. At the same time I wish to convey to you my 
feelings of gratitude for the expression of friendly concern 
of your Government and its earnest hope for the complete 
and speedy liberation of Denmark. 

I share your view that the proposed agreement, arrived 
at after an open and friendly exchange of views, is, under 
the singularly unusual circumstances, the best measure to 
assure both Greenland's present safety and the future of 
the island under Danish Sovereignty. 

Furthermore, I am of the opinion that the terms of the 
agreement protect, as far as possible, the interests of the 
native population of Greenland whose welfare traditionally 
has been the paramount aim of Denmark's policy in 
Greenland. 

I, therefore, shall accept and sign the agreement as pro- 
posed, acting on behalf of His Majesty, the King of Den- 
mark, in His capacity of Sovereign over Greenland, whose 
authorities in Greenland have concurred herein. 

I avail [etc.] Henrik Kaufman n 



XXXVI. Proclamation Concerning the Neutral- 
ity of the United States in the War Between 
Germany and Italy, and Yugoslavia 

(Dept. of State Bulletin, Vol. IV, No. 94, April 12, 1941) 

Whereas section 1 of the joint resolution of Con- 
gress approved November 4, 1939, provides in part 
as follows: 

"That whenever the President, or the Congress by con- 
current resolution, shall find that there exists a state of war 
between foreign states, and that it is necessary to promote 
the security or preserve the peace of the United States or 
to protect the lives of citizens of the United States, the 
President shall issue a proclamation naming the states in- 
volved; and he shall, from time to time, by proclamation, 
name other states as and when they may become involved 
in the war." 

And w t hereas it is further provided by section 13 of the 
said joint resolution that 

"The President may, from time to time, promulgate such 
rules and regulations, not inconsistent with law as may be 
necessary and proper to carry out any of the provisions of 
this joint resolution; and he may exercise any power or 
authority conferred on him by this joint resolution through 
such officer or officers, or agency or agencies, as he shall 
direct." 

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, 

President of the United States of America, acting 
under and by virtue of the authority conferred on 
me by the said joint resolution, do hereby proclaim 
that, Germany and Italy having wantonly attacked 
Yugoslavia, a state of war exists between Germany 
and Italy, on the one hand, and Yugoslavia, on the 
other hand, and that it is necessary to promote the 

214 



215 

security and preserve the peace of the United 
States and to protect the lives of citizens of the 
United States. 

And I do hereby enjoin upon all officers of the 
United States, charged with the execution of the 
laws thereof, the utmost diligence in preventing 
violations of the said joint resolution and in bring- 
ing to trial and punishment any offenders against 
the same. 

And I do hereby delegate to the Secretary of 
State the power to exercise any power or authority 
conferred on me by the said joint resolution, as 
made effective by this my proclamation issued 
thereunder, which is not specifically delegated by 
Executive order to some other officer or agency of 
this Government, and the power to promulgate 
such rules and regulations not inconsistent with 
law as may be necessary and proper to carry out 
any of its provisions. 

In witness whereof, I have hereunto set my 
hand and caused the seal of the United States of 
America to be affixed. 

Done at the City of Washington this 10th day of 

April, in the year of our Lord nineteen hundred 

and forty-one, and of the Independence 

[seal] of the United States of America the one 
hundred and sixty-fifth. 

Franklin D. Roosevelt 

By the President : 
Cordell Hull, 

Secretary of State. 



XXXVII. Modification of a Combat Area 

(Dept. of State Bulletin, Vol. IV. No. 94. April 12, 1941) 

Whereas section 3 of the joint resolution of 
Congress approved November 4, 1939, provides as 
follows : 

"(a) Whenever the President shall have issued a procla- 
mation under the authority of section 1 (a), and he shall 
thereafter find that the protection of citizens of the United 
States so requires, he shall, by proclamation, define combat 
areas, and thereafter it shall be unlawful, except under 
such rules and regulations as may be prescribed, for any 
citizen of the United States or any American vessel to pro- 
ceend into or through any such combat area. The combat 
area so defined may be made to apply to surface vessels or 
aircraft, or both. 

"(b) In case of the violation of any of the provisions of 
this section by any American vessel, or any owner or officer 
thereof, such vessel, owner, or officer shall be fined not more 
than $50,000 or imprisoned for not more than five years, or 
both. Should the owner of such vessel be a corporation, 
organization, or association, each officer or director partici- 
pating in the violation shall be liable to the penalty herein- 
above prescribed. In case of the violation of this section by 
any citizen traveling as a passenger, such passenger may be 
fined not more than $10,000 or imprisoned for not more than 
two years, or both. 

"(c) The President may from time to time modify or 
extend any proclamation issued under the authority of this 
section, and when the conditions which shall have caused him 
to issue any such proclamation shall have ceased to exist 
he shall revoke such proclamation and the provisions of 
this section shall thereupon cease to apply, except as to 
offenses committed prior to such revocation." 

210 



217 

And whereas on June 11, 1940, I issued a proc- 
lamation in accordance with the provision of law 
quoted above defining a combat area. 

NOW, THEREFOKE, I, FRANKLIN D. ROOSEVELT, 

President of the United States of America, acting 
under and by virtue of the authority conferred on 
me by section 3 (c) of the joint resolution of Con- 
gress approved November 4, 1939, do hereby modify 
my proclamation of June 11, 1940, defining combat 
areas into which it shall be unlawful, except under 
such rules and regulations as shall be prescribed, 
for any citizen of the United States or any Ameri- 
can vessel, whether a surface vessel or an aircraft, 
to proceed, by eliminating from the scope of that 
proclamation the combat area defined in the second 
numbered section thereof as : 

"Beginning at the intersection of the North Coast of 
Italian Somaliland with the meridian of 50° longitude east 
of Greenwich ; 

"Thence due north to the mainland of Arabia ; 

"Thence eastward along the coast of Arabia to the merid- 
ian of 51° east longitude; 

"Thence due south to the mainland of Italian Somaliland ; 

"Thence westward along the coast of Italian Somaliland to 
the point of beginning." 

And I do hereby proclaim that it shall no longer 
be unlawful for any citizen of the United States or 
any American vessel, whether a surface vessel or 
an aircraft, to proceed into or through the area de- 
fined above. 

In witness whereof, I have hereunto set my 
hand and caused the seal of the United States of 
America to be affixed. 



218 

Done at the City of Washington this 10th day of 
April, in the year of our Lord nineteen 
[seal] hundred and forty-one, and of the In- 
dependence of the United States of 
America the one hundred and sixty-fifth. 

Franklin D. Roosevelt 
By the President : 

Cordell Hull, 

Secretary of State. 



XXXVIII. Continued Recognition by the United 
States of the Minister of Denmark 

(Dept. of State Bulletin, Vol. IV, No. 95, April 19, 1941) 

The Danish Minister, Mr. Henrik de Kauffmann, 
on April 14 informed the Secretary of State that he 
had received a telegram from the Foreign Office in 
Copenhagen recalling him as Envoy Extraordinary 
and Minister Plenipotentiary of the Kingdom of 
Denmark accredited to the Government of the 
United States, and that his action and authority 
in signing as the official representative of his Gov- 
ernment the agreement relating to Greenland 2 had 
been disclaimed by the purported official authorities 
in Copenhagen. 

On August 26, 1939, the President received Mr. 
de Kauffman's letters of credence as Danish Minis- 
ter to the United States, 3 and he has since been 
recognized in that capacity as the official represent- 
ative of the Kingdom of Denmark. 

On April 9, 1940, Denmark was invaded by the 
German Army. Since that date an army of occu- 
pation, understood to total 200,000 German troops, 
has remained in subjugation of that country, and 
no act of the Danish Government since that time 
has been taken or can be taken save with the con- 
sent of the occupying power or as a result of its 
dictation. 

In view of the foregoing, the Government of the 
United States has consistently held since April 9, 

414O.-.0— 41 15 219 



220 

1940, and now holds, that the Government of Den- 
mark can only be regarded as a government which 
is patently acting under duress and which is in no 
sense a free agent. 

The agreement recently entered into by the Sec- 
retary of State and by the Danish Minister was 
entered into by this Government, as made clear at 
that time, because of the desire of the United States 
in this time of world emergency to insure the se- 
curity and integrity of Greenland as a part of the 
Western Hemisphere, and at the same time to 
assist the local authorities of Greenland in preserv- 
ing intact the territory of that Danish colony so that 
once the present world emergency has passed, the 
Government of Denmark might once more be en- 
abled to exercise fully its sovereingn powers over 
that territory. 

The Government of the United States feels con- 
fident that the Danish Govermnent and people will 
unquestionably recognize that the measures under- 
taken by this Government have been taken in their 
interest and with full recognition of the sovereignty 
of Denmark over Greenland, as well as with the 
hope and belief that the time is not far distant when 
that sovereignty can once more be freely exercised 
by a free and independent Danish Government. 

The Danish Minister has informed the Secretary 
of State that he regards the orders of recall issued 
to him by the authorities in Copenhagen as issued 
under duress and that he consequently believes it 
his duty to disregard such orders. 

The Secretary of State by direction of the Presi- 
dent has informed the Danish Minister that because 
of the reasons above set forth, this Government will 



221 

continue to recognize him as the duly authorized 
Minister of Denmark in Washington. 

The texts of the exchange of notes between the' 
Secretary of State and the Danish Minister follow : 

The Minister of Denmark to the Secretary of State 

April 13, 1941. 
Sir: 

Point four in the preamble to the agreement relating to 
the defense of Greenland signed by you and by me on the 
ninth instant reads : 

"Although the sovereignty of Denmark over Greenland 
is fully recognized, the present circumstances for the time 
being prevent the Government in Denmark from exercising 
its powers in respect of Greenland * * *" 

With this situation in mind and in accordance with our 
understanding I informed the Government in Denmark of 
the agreement only when it was made public at noon on 
April 10th. 

I did this in a telegraphic message to the Foreign Office 
in Copenhagen that was delivered after some delay on 
April 11th. 

I indicated that I had signed the agreement 

"* * * acting on behalf of His Majesty the King of 
Denmark in His capacity as sovereign of Greenland, whose 
authorities in Greenland have concurred herein, * * *" 
and I explained the reasons for my action, adding 

"Under the circumstances, there was, to me, no doubt but 
that I must, in the interests of Denmark and Greenland, take 
this unusual step. The Government in Denmark will not, 
as long as Denmark is occupied, be able to obtain full infor- 
mation as to the background and necessity for this action. 
I, therefore, request that judgment of my decision be with- 
held until Denmark again is free, and the Danish Govern- 
ment and public can come to know the situation that made 
the step necessary. I earnestly beg His Majesty the King 
and the Danish Government to be assured that I have acted 
in the way which I felt to be right, after careful considera- 



222 

tion and according to my best belief and the dictates of my 
conscience, fulfilling my allegiance to His Majesty the King." 
I thereupon received from the Foreign Office in Copen- 
hagen at 4:30 P. M. Saturday, April 12, 1941, a telegram, 
the English translation of which reads as follows: 

"The Government strongly disapproves the fact that you. 
without authorization from here, and contrary to the consti- 
tution, have concluded an agreement with the Government 
of the United States regarding the defense of Greenland. 
You are, therefore, by Royal Decree of April 12, 1941 re- 
called from your post as Denmark's Minister to Washington. 
The Legation will temporarily be in charge of Mr. Blech- 
ingberg, Counselor of Legation, as Charge d'Affaires. You 
are requested immediately to notify the President of the 
above, and to add that letters of recall will be forwarded 
later. You are requested to return at once to Copenhagen. 
Acknowledge receipt by telegram." 

From press reports I have furthermore learned that the 
Government in Denmark yesterday also declared the agree- 
ment of April 9, 1941 relating to the defense of Greenland 
to be considered as void, but this Legation has hitherto re- 
ceived no official communication from Copenhagen to that 
effect. 

On April 10, 1940, the day after the occupation of Den- 
mark by German military forces, I issued a public statement 
declaring, that I would work for one thing, the reestablish- 
ment of a free and independent Denmark. Since that time 
as before my conduct has been dictated solely by what I 
have believed to be to the true interest of my King and my 
country. My work would have been impossible without 
the sympathetic understanding and cooperative attitude of 
the American Government for which I am deeply grateful. 

My conduct in the situation that has arisen now will be 
dictated by the same convictions. I believe the action taken 
in Copenhagen with regard to my recall and in respect to the 
agreement of the 9th instant to have been taken under 
duress. Consequently I consider it to be invalid both from 
the point of view of Danish and of generally recognized 
common law. 



223 

I believe it to be my duty towards my King and my coun- 
try to carry on the work that was entrusted to me when I 
was appointed Danish Minister to Washington by a free 
Danish Government and to let myself be guided by the same 
principles as hitherto. This attitude of mine has the full 
support of all the other members of the Danish Foreign 
service stationed in the United States. 

I have the honor, Mr. Secretary, to ask you please to bring 
this to the knowledge of the President. 

The earnest hope for a speedy liberation of Denmark, 
expressed by President Roosevelt when the agreement relat- 
ing to the defense of Greenland was made public three days 
ago will have brought encouragement to all Danes. I beg 
leave to ask you, Sir, to convey to the President the gratitude 
of my countrymen. 

I avail [etc.] Henrik Kauffmann 

The Secretary of State to the Minister of Denmark 

April 14, 1941. 
Sir: 

Acknowledgment is made of your note of April 13, 1941, 
advising that the Government in Denmark purports to have 
recalled you from your post as Minister of Denmark. Cog- 
nizance has likewise been taken of your statement that you 
consider this action to have been taken under duress and to 
be invalid both from the point of view of Danish and of 
generally recognized common law, in view of the existing 
occupation of Denmark by German military forces. 

My Government considers it to be the fact that the Govern- 
ment in Denmark in this respect is acting under duress, 
and in consequence I have the honor to advise that it con- 
tinues to recognize you as the duly authorized Minister of 
Denmark in Washington. It renews its hope for the speedy 
liberation of Denmark. 

Accept [etc.] Cordell Hull 



XXXIX. Proclamation Concerning the Neutral- 
ity of the United States in the War Between 
Hungary and Yugoslavia 

(Dept. of State Bulletin, Vol. IV, No. 95, April 19, 1941) 

Whereas section 1 of the joint resolution of Con- 
gress approved November 4, 1939, provides in part 
as follows : 

"That whenever the President, or the Congress by concur- 
rent resolution, shall find that there exists a state of war 
between foreign states, and that it is necessary to promote 
the security or preserve the peace of the United States or to 
protect the lives of citizens of the United States, the Presi- 
dent shall issue a proclamation naming the states involved; 
and he shall, from time to time, by proclamation, name other 
states as and when they may become involved in the war." 

And whereas it is further provided by section 13 
of the said joint resolution that 

"The President may, from time to time, promulgate such 
rules and regulations, not inconsistent with law, as may be 
necessary and proper to carry out any of the provisions of 
this joint resolution; and he may exercise any power or au- 
thority conferred on him by this joint resolution through 
such officer or officers, or agency or agencies, as he shall 
direct." 

Now, Therefore, I, Franklin D. Roosevelt, 
President of the United States of America, acting 
under and by virtue of the authority conferred on 
me by the said joint resolution, do hereby proclaim 
that, Hungary having without justification attacked 
Yugoslavia, a state of war exists between Hungary 
and Yugoslavia and that it is necessary to promote 
the security and preserve the peace of the United 

224 



225 

States and to protect the lives of citizens of the 
United States. 

And I do hereby enjoin upon all officers of the 
United States, charged with the execution of the 
laws thereof, the utmost diligence in preventing 
violations of the said joint resolution and in bring- 
ing to trial and punishment any offenders against 
the same. 

And I do hereby delegate to the Secretary of 
State the power to exercise any power or authority 
conferred on me by the said joint resolution, as 
made effective by this my proclamation issued 
thereunder, which is not specifically delegated by 
Executive order to some other officer or agency of 
this Government, and the power to promulgate such 
rules and regulations not inconsistent with law as 
may be necessary and proper to carry out any of its 
provisions. 

In Witness Whereof, I have hereunto set my 
hand and caused the Seal of the United States of 
America to be affixed. 

Done at the City of Washington this 15" day of 
April, in the year of our Lord nineteen 

[seal] hundred and forty-one, and of the Inde- 
pendence of the United States of Amer- 
ica the one hundred and sixty-fifth. 

Franklin D. Roosevelt 

By the President : 
Cordell Hull, 

Secretary of State. 



XL. Exchange of Defense Articles With Canada 

(Dept. of State Bulletin, Vol. IV, No. 96, April 26, 1941) 

At the conclusion of a conference between Presi- 
dent Roosevelt and Prime Minister Mackenzie 
King of Canada on April 20, 1941, the following 
statement was issued : 

"Among other important matters, the President and the 
Prime Minister discussed measures by which the most 
prompt and effective utilization might be made of the pro- 
ductive facilities of North America for the purposes both 
of local and hemisphere defense and of the assistance which 
in addition to their own programs both Canada and the 
United States are rendering to Great Britain and the other 
democracies. 

"It was agreed as a general principle that in mobilizing 
the resources of this continent each country should provide 
the other with the defense articles which it is best able to 
produce, and, above all, produce quickly, and that produc- 
tion programs should be coordinated to this end. 

"While Canada has expanded its productive capacity 
many fold since the beginning of the war. there are still 
numerous defense articles which it must obtain in the United 
States, and purchases of this character by Canada will be 
even greater in the coming year than in the past. On the 
other hand, there is existing and potential capacity in 
Canada for the speedy production of certain kinds of muni- 
tions, strategic materials, aluminum, and ships, which are 
urgently required by the United States for its own purposes. 

"While exact estimates cannot yet be made, it is hoped 
that during the next 12 months Canada can supply the 
United States with between $200,000,000 and $300,000,000 
worth of such defense articles. This sum is a small fraction 
of the total defense program of the United States, but many 
of the articles to be provided are of vital importance. In ad- 

226 



227 

dition, it is of great importance to the economic and financial 
relations between the two countries that payment by the 
United States for these supplies will materially assist 
Canada in meeting part of the cost of Canadian defense 
purchases in the United States. 

"Insofar as Canada's defense purchases in the United 
States consist of component parts to be used in equipment 
and munitions which Canada is producing for Great Britain, 
it was also agreed that Great Britain will obtain these parts 
under the Lease-Lend Act and forward them to Canada for 
inclusion in the finished article. 

"The technical and financial details will be worked out 
as soon as possible in accordance with the the general prin- 
ciples which have been agreed upon between the President 
and the Prime Minister." 



XLI. Proclamation in Connection With the War 
Between Bulgaria, and Yugoslavia and Greece 

(Dept of State Bulletin, Vol. IV, No. 96, April 26, 1941) 

Whereas section 1 of the joint resolution of Con- 
gress approved November 4, 1939, provides in part 
as follows : 

"That whenever the President, or the Congress by con- 
current resolution, shall find that there exists a state of war 
between foreign states, and that it is necessary to promote 
the security or preserve the peace of the United States or 
to protect the lives of citizens of the United States, the 
President shall issue a proclamation naming the states in- 
volved; and he shall, from time to time, by proclamation, 
name other states as and when they may become involved in 
the war." 

And whereas it is further provided by section 13 
of the said joint resolution that 

"The President may, from time to time, promulgate such 
rules and regulations, not inconsistent with law, as may be 
necessary and proper to carry out any of the provisions of 
this joint resolution; and he may exercise any power or 
authority conferred on him by this joint resolution through 
such officer or officers, or agency or agencies, as he shall 
direct." 

Now, Therefore, I, Franklin D. Roosevelt, 
President of the United States of America, acting 
under and by virtue of the authority conferred on 
me by the said joint resolution, do hereby proclaim 
that, Bulgaria having without justification attacked 
Yugoslavia and Greece, a state of war exists be- 
tween Bulgaria, on the one hand, and Yugoslavia 

228 



229 

and Greece, on the other hand, and that it is neces- 
sary to promote the security and preserve the peace 
of the United States and to protect the lives of 
citizens of the United States. 

And I do hereby enjoin upon all officers of the 
United States, charged with the execution of the 
laws thereof, the utmost diligence in preventing 
violations of the said joint resolution and in bring- 
ing to trial and punishment any offenders against 
the same. 

And I do hereby delegate to the Secretary of 
State the power to exercise any power or authority 
conferred on me by the said joint resolution, as 
made effective by this my proclamation issued 
thereunder, which is not specifically delegated by 
Executive order to some other officer or agency of 
this Government, and the power to promulgate such 
rules and regulations not inconsistent with law as 
may be necessary and proper to carry out any of 
its provisions. 

In witness whereof, I have hereunto set my 
hand and caused the Seal of the United States of 
America to be affixed. 

Done at the City of Washington this 24th day 
of April, in the year of our Lord 

[seal] nineteen hundred and forty-one, and of 
the Independence of the United States 
of America the one hundred and sixty-fifth. 

FRANKLIN D. ROOSEVELT 

By the President : 
Cordell Hull, 

Secretary of State. 



XLII. Relations With the French Republic 

Statement by the President of the United States 
(Dept. of State Bulletin, Vol. IV, No. 99, May 17, 1941) 

The policy of this Government in its relations 
with the French Republic has been based upon the 
terms of the armistice between Germany and 
France and upon recognition of certain clear limi- 
tations imposed upon the French Government by 
this armistice. Furthermore, we have had assur- 
ances given by the head of the French State on 
behalf of his Government that it did not intend 
to agree to any collaboration with Germany which 
went beyond the requirements of that armistice 
agreement. This was the least that could be ex- 
pected of a France which demanded respect for its 
integrity. 

The people of France, who cherish still the ideals 
of liberty and free institutions and guard that love 
of these priceless possessions in their minds and 
hearts, can be counted on to hold out for these 
principles until the moment comes for their rees- 
tablishment. It is inconceivable they will willingly 
accept any agreement for so-called "collaboration" 
which will in reality imply their alliance with a 
military power whose central and fundamental pol- 
icy calls for the utter destruction of liberty, free- 
dom, and popular institutions everywhere. 

The people of the United States can hardly be- 
lieve that the present Government of France could 

230 



231 

be brought to lend itself to a plan of voluntary 
alliance implied or otherwise which would appar- 
ently deliver up France and its Colonial Empire, 
including French African colonies and their Atlan- 
tic coasts, with the menace which that involves to 
the peace and safety of the Western Hemisphere. 



XLIII. Proclamation of Unlimited National 

Emergency 

(Dept. of State Bulletin, Vol. IV, No. 101, May 31, 1941) 

By the President of the United States of 

America 

Whereas on September 8, 1939 because of the 
outbreak of war in Europe a proclamation was 
issued declaring a limited national emergency and 
directing measures "for the purpose of strengthen- 
ing our national defense within the limits of peace- 
time authorizations," 

Whereas a succession of events makes plain that 
the objectives of the Axis belligerents in such war 
are not confined to those avowed at its commence- 
ment, but include overthrow throughout the world 
of existing democratic order, and a worldwide dom- 
ination of peoples and economies through the de- 
struction of all resistance on land and sea and in 
the air, and 

Whereas indifference on the part of the United 
States to the increasing menace would be perilous, 
and common prudence requires that for the security 
of this nation and of this hemisphere we should pass 
from peacetime authorizations of military strength 
to such a basis as will enable us to cope instantly 
and decisively with any attempt at hostile encircle- 
ment of this hemisphere, or the establishment of 
any base for aggression against it, as well as to 
repel the threat of predatory incursion by foreign 
agents into our territory and society. 

232 



233 

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, 

President of the United States of America, do pro- 
claim that an unlimited national emergency con- 
fronts this country, which requires that its mili- 
tary, naval, air and civilian defenses be put on the 
basis of readiness to repel any and all acts or 
threats of aggression directed toward any part 
of the Western Hemisphere. 

I call upon all the loyal citizens engaged in 
production for defense to give precedence to the 
needs of the nation to the end that a system of 
government that makes private enterprise possible 
may survive. 

I call upon all our loyal workmen as well as em- 
ployers to merge their lesser differences in the 
larger effort to insure the survival of the only kind 
of government which recognizes the rights of labor 
or of capital. 

I call upon loyal state and local leaders and offi- 
cials to cooperate with the civilian defense agencies 
of the United States to assure our internal security 
against foreign directed subversion and to put every 
community in order for maximum productive effort 
and minimum of waste and unnecessary frictions. 

I call upon all loyal citizens to place the nation's 
needs first in mind and in action to the end that we 
may mobilize and have ready for instant defensive 
use all of the physical powers, all of the moral 
strength and all of the material resources of this 
nation. 

In witness whereof I have hereunto set my 
hand and caused the seal of the United States of 
America to be affixed. 



234 

Done at the City of Washington this twenty- 
seventh day of May, in the year of our 
[seal] Lord nineteen hundred and forty-one 
and of the Independence of the United 
States of America the one hundred and sixty- 
fifth. 

Franklin D Roosevelt 

By the President : 
Cordell Hull, 

Secretary of State 



XLIV. Portuguese Islands in the Atlantic 

(Dept, of State Bulletin, Vol. IV, No. 103, June 14, 1941) 

The text of a note from the Secretary of State to 
the Minister of Portugal, Dr. Jao Antonio de 
Bianchi, dated June 10, 1941, follows: 

Sir: 

"I have the honor to acknowledge your communication of 
May 30, 1941 transmitting the observations of the Govern- 
ment of Portugal with respect to the references to the Por- 
tuguese Islands in the Atlantic made by the President in 
his address of May 27, 1941. 

"I have carefully studied the observations of the Por- 
tuguese Government, and have noted the declarations re- 
affirming its position of neutrality and its determination to 
defend its neutrality and sovereign rights against any 
attack. 

"For its part, the Government of the United States can 
state categoricaly that it harbors no aggressive intentions 
against the sovereignty or territorial integrity of any other 
country. The Government and people of the United States 
have sought to live in peace and friendship with all other 
nations, and have consistently supported the principle of 
non-aggression and non-intervention in the relations between 
states. This Government time and again has reiterated its 
support of this principle. 

"Our policy today is based upon the inalienable right of 
self-defense. The Government of the United States can 
not but view with increasing anxiety the constantly expand- 
ing acts of aggression on the part of a certain belligerent 
power, which now threaten the peace and safety of the coun- 
tries of this hemisphere. 

"In referring to the Islands in the Atlantic it was the 
intention of the President to point out the dangers to this 

235 

414559—41 10 



236 

hemisphere which would result if these Islands were to 
come under the control or occupation of forces pursuing a 
policy of world conquest and domination. The strategic im- 
portance of these Islands, because of their geographical loca- 
tion, was stressed by the President solely in terms of their 
potential value from the point of view of attack against this 
hemisphere. 
"Accept [etc.] 

Cordell Hull" 



XLV. Sinking of the S. S. "Robin Moor" 

(Dept. of State Bulletin, Vol. IV, No. 104, June 21, 1941) 

"To the Congress of the United States of America: 

"I am under the necessity of bringing to the attention of 
the Congress the ruthless sinking by a German submarine on 
May 21 of an American ship, the Robin Moor, in the south 
Atlantic Ocean (25°40' West, 6°10' North) while the vessel 
was on the high seas en route to South Africa. 

"According to the formal depositions of survivors the 
vessel was sunk within 30 minutes from the time of the first 
warning given by the Commander of the submarine to an 
officer of the Robin Moor. 

"The submarine did not display its flag, and the Com- 
mander did not announce its nationality. 

"The Robin Moor was sunk without provision for the 
safety of the passengers and crew. 

"It was sunk despite the fact that its American nationality 
was admittedly known to the Commander of the submarine 
and that its nationality was likewise clearly indicated by 
the flag and other markings. 

"The sinking of this American ship by a German sub- 
marine flagrantly violated the right of United States vessels 
freely to navigate the seas subject only to a belligerent right 
accepted under international law. This belligerent right, 
as is known to the German Government, does not include 
the right deliberately to sink a merchant vessel, leaving the 
passengers and crew to the mercies of the elements. On 
the contrary the belligerent is required to place the pas- 
sengers and crew in places of safety. 

"The passengers and crew of the Robin Moor were left 
afloat in small lifeboats from approximately two to three 
weeks when they were accidentally discovered and rescued 
by friendly vessels. This chance rescue does not lessen the 
brutality of casting the boats adrift in mid-ocean. 

"The total disregard shown for the most elementary prin- 
ciples of international law and of humanity brands the sink- 
ing of the Robin Moor as the act of an international outlaw. 

237 



238 

"The Government of the United States holds Germany 
responsible for the outrageous and indefensible sinking of 
the Robin Moor. Full reparation for the losses and dam- 
ages suffered by American nationals will be expected from 
the German Government. 

"Our Government believes that freedom from cruelty and 
inhuman treatment is a natural right. It is not a grace to 
be given or withheld at the will of those temporarily in a 
position to exert force over defenseless people. 

"Were this incident capable of being regarded apart from 
a more general background, its implications might be less 
serious — but it must be interpreted in the light of a declared 
and actively pursued policy of frightfulness and intimida- 
tion which has been used by the German Reich as an instru- 
ment of international policy. 

"The present leaders of the German Reich have not hesi- 
tated to engage in acts of cruelty and many other forms 
of terror against the innocent and the helpless in other 
countries, apparently in the belief that methods of terror- 
ism will lead to a state of affairs permitting the German 
Reich to exact acquiescence from the nations victimized. 

"This Government can only assume that the Government 
of the German Reich hopes through the commission of such 
infamous acts of cruelty to helpless and innocent men, 
women, and children to intimidate the United States and 
other nations into a course of non-resistance to German 
plans for universal conquest — a conquest based upon law- 
lessness and terror on land and piracy on the sea. 

"Such methods are fully in keeping with the methods of 
terrorism hitherto employed by the present leaders of the 
German Reich in the policy which they have pursued toward 
many other nations subsequently victimized. 

"The Government of the German Reich may however be 
assured that the United States will neither be intimidated 
nor will it acquiesce in the plans for world-domination 
which the present leaders of Germany may have. 

"We are warranted in considering whether the case of the 
Robin Moor is not a step in a campaign against the United 
States analogous to campaigns against other nations. We 
cannot place reliance on official declarations to the contrary. 



239 

"Like statements, declarations, and even solemn pledges 
have been forthcoming in respect of many nations, com- 
mencing with the statement that the Government of the 
German Reich considered its territorial aspiration satisfied 
when it seized Austria by force. Evidence that the Gov- 
ernment of the German Reich continues to plan further con- 
quest and domination is convincing, and, indeed, scarcely 
disputed. 

"Viewed in the light of the circumstances the sinking of 
the Robin Moor becomes a disclosure of policy as well as 
an example of method. Heretofore, lawless acts of violence 
have been preludes to schemes of land conquest. This one 
appears to be a first step in assertion of the supreme pur- 
pose of the German Reich to seize control of the high seas, 
the conquest of Great Britain being an indispensable part 
of that seizure. 

"Its general purpose would appear to be to drive Ameri- 
can commerce from the ocean wherever such commerce was 
considered a disadvantage to German designs; and its spe- 
cific purpose would appear to be interruption of our trade 
with all friendly countries. 

"We must take it that notice has now been served upon 
us that no American ship or cargo on any of the seven seas 
can consider itself immune from acts of piracy. Notice is 
served on us, in effect, that the German Reich proposes so 
to intimidate the United States that we would be dissuaded 
from carrying out our chosen policy of helping Britain to 
survive. 

"In brief, we must take the sinking of the Robin Moor 
as a warning to the United States not to resist the Nazi 
movement of world conquest. It is a warning that the 
United States may use the high seas of the world only with 
Nazi consent. 

"Were we to yield on this we would inevitably submit to 
world-domination at the hands of the present leaders of the 
German Reich. 

"We are not yielding and we do not propose to yield. 

Franklin D Roosevelt" 

"The White House, 
"Jime 20, 1941." 



XL VI. Closing of German and Italian Consulates 
in the United States 

(Dept. of State Bulletin, Vol. IV, No. 104, June 21, 1941) 

The following note from the Under Secretary of 
State, Mr. Sumner Welles, was sent to the German 
Charge d 'Affaires, Herr Hans Thomsen: 

"June 16, 1941. 
"Sir: 

"It has come to the knowledge of this Government that 
agencies of the German Reich in this country, including 
German consular establishment, have been engaged in activi- 
ties wholly outside the scope of their legitimate duties. 
These activities have been of an improper and unwarranted 
character. They render the continued presence in the 
United States of those agencies and consular establishments 
inimical to the welfare of this country. 

"I am directed by the President to request that the German 
Government remove from United States territory all German 
nationals in anywise connected with the German Library of 
Information in New York, the German Railway and Tourists 
Agencies, and the Trans-Ocean News Service, and that each 
of these organizations and their affiliates shall be promptly 
closed. 

"I am also directed to request that all German consular 
officers, agents, clerks, and employees thereof of German 
nationality shall be removed from American territory and 
that the consular establishments likewise be promptly closed. 

"It is contemplated that all such withdrawals and closures 
shall be effected before July 10. 

"Accept [etc.] 

For the Secretary of State : 

Sumner Welles" 
240 



241 

The following note has been sent by the Under 

Secretary of State, Mr. Sumner Welles, to the 

Italian Ambassador, Don Ascanio dei principi 

Colonna : 

"June 20, 1941. 
"Excellency : 

"I have the honor to inform Your Excellency that the 
President has directed me to request that the Italian Gov- 
ernment promptly close all Italian consular establishments 
within United States territory and remove therefrom all 
Italian consular officers, agents, clerks, and employees of 
Italian nationality. In the opinion of the Government of 
the United States it is obvious that the continued func- 
tioning of Italian consular establishments in territory of the 
United States would serve no desirable purpose. 

"I am likewise directed to request the closing of all agen- 
cies in this country connected with the Italian Government, 
together with the cessation of their activities, and, further- 
more, the removal of all Italian nationals in any way con- 
nected with organizations of the Italian Government in the 
United States, with the exception of its duly accredited 
representation in Washington. 

"It is contemplated that all such withdrawals and closures 
shall be effected before July 15, 1941. 

"Accept [etc.] 

For the Secretary of State : 

Sumner Welles" 



XL VII. U. S. Memorandum in Support of Uru- 
guayan Proposal To Treat American Republics 
Engaged in War as Non-Belligerents 

(Dept, of State Bulletin, Vol. V; No. 106, July 5, 1941) 

On July 2 the Government of Uruguay made 
public in Montevideo the following text of a memo- 
randum handed by the Acting Secretary of State, 
Mr. Sumner Welles, to the Minister of Uruguay 
in Washington, Mr. J. Richling, on July 1, 1941: 

"Memorandum 

"The Acting Secretary of State of the United States of 
America desires to inform His Excellency the Minister of 
Foreign Affairs of the Oriental Republic of Uruguay of 
the gratification with which the Government of the United 
States has learned of the views of the Government of 
Uruguay as communicated by Dr. Guani in his memo- 
randum of June 21, 1941. 

"The Government of Uruguay has once again lighted the 
way toward a constructive and practical cooperation be- 
tween all of the American Republics at this moment which 
is more critical than any which has transpired since the 
achievement of their independence. 

"A black night of fear and destruction and organized 
murder has engulfed almost all of Europe and a great part 
of the rest of the world. Aggression without comparison 
in history for its deliberately planned frightfulness has 
annihilated the independence of one country after another. 
The right inherent in every man and woman to worship 
God has been ruthlessly and methodically destroyed. The 
cultures of centuries, the cultures from which every one 
of the American nations has derived its own national 
inspiration have not only been temporarily blotted out but 
an endeavor is being made to extirpate them forever. No 
country anywhere, today, is secure from this unmasked lust 
for power and loot which has no limit but domination of 
the entire world. 

242 



243 

"In view of this situation, the Government of Uruguay 
addresses itself to the other American Republics urging 
positive implementation of the policy of hemisphere soli- 
darity already unanimously adopted by the American 
nations at previous inter-American conferences. 

"Uruguay recalls that its great liberator Artigas, over 
a hundred years ago, recognized the common interests of 
the peoples of the Western Hemisphere and suggested the 
undertaking of an offer of reciprocal and mutual assist- 
ance. Uruguay recollects that during the World War of 
1914-1918 it adopted, long before its general acceptance in 
this hemisphere, the policy that any act susceptible of 
affecting adversely the rights of any nation of the Americas 
should be considered as constituting an offense committed 
against all the American nations, and should bring about 
a uniform and common reaction. 

"Pursuant to this policy, Uruguay declared in 1917 that 
it would not treat as a belligerent any American country 
which, in defense of its own rights, should find itself in a 
state of war with nations of other continents. Finally, 
Uruguay recalls that the policy of solidarity which it 
espoused twenty-five years ago has now been accepted by all 
the other American countries in a series of inter-American 
instruments and, therefore, inquires of the other American 
Republics, whether, in their judgment, the moment is not 
opportune to give new content and definition to the policy 
of inter-American solidarity. 

"The Government of the United States welcomes the 
opportunity afforded by the initiative of the Government 
of Uruguay briefly to restate the policies which it is presently 
pursuing. 

"In the first place, the Government of the United States 
has considered it axiomatic that the security of each of the 
American Republics was dependent upon the security of all. 
It was for this simple but basic reason that it wholeheartedly 
supported at Buenos Aires, Lima, Panama, and Habana 
the several agreements to make inviolate the peace, security 
and territorial integrity of the Americas. 

"In the second place, the President of the United States 
has frequently declared, the last time formally before the 



244 

chiefs of mission of the other American Republics in Wash- 
ington on May 27 last, the unshakable determination of 
the United States to give aid to whatever extent and in 
whatever quantity may lie within its power, to countries 
prepared to resist the forces of aggression. The Congress 
has passed legislation to enable the transfer of equipment 
and supplies to such countries, and practical assistance on 
a stupendous scale is now being furnished. 

"In pursuance of these two policies, the one of hemi- 
spheric solidarity, the other of aid to countries resisting 
aggression — but both of them with one end in view, namely, 
the security of the Western Hemisphere — the Government 
of the United States has offered and extended cooperative 
assistance of various types to the other American Repub- 
lics. The economic and financial resources of the United 
States, the naval and air base facilities acquired from Great 
Britain and from Denmark, and military and naval materiel, 
have been made available to all the American Republics on 
the fullest cooperative basis for the common defense of the 
New World. 

"Equally significant of the desire and purpose of the 
United States to afford the greatest possible opportunity 
for realizing to the full the principle of hemispheric 
solidarity and defense, there was incorporated in the 
Neutrality Act of 1939 a provision excepting, subject 
to certain conditions not here important, American states 
from the operation of the act when engaged in war against 
a non-American state or states. 

"The safety of the Americas hangs in the balance today. 
Constructive and far-sighted action now on the part of all 
the American Republics acting together will ensure the 
preservation for future generations of those liberties and 
other blessings which our forefathers so laboriously gained. 

"The Government of the United States welcomes and 
wholeheartedly supports the present initiative of the Gov- 
ernment of Uruguay, and earnestly hopes that it may secure 
the common approval of the Governments of all the 
American Republics. 

"Department of State, 

"Washington, July i, 19Jfl" 



XL VIII. Defense of Iceland by United States 

Forces 

(Dept. of State Bulletin, Vol. V, No. 107, July 12, 1941.) 

Following is the text of President Roosevelt's 
message to Congress, announcing occupation of 
Iceland by United States forces, together with the 
texts of the message from the Prime Minister of 
Iceland inviting such action, and of Mr. Roosevelt's 
reply: 

Message to Congress 

I am transmitting herewith for the information of the 
Congress a message I received from the Prime Minister of 
Iceland on July 1, and the reply I addressed on the same day 
to the Prime Minister of Iceland in response to this message. 

In accordance with the understanding so reached, forces 
of the United States Navy have today arrived in Iceland 
in order to supplement, and eventually to replace, the Brit- 
ish forces which have until now been stationed in Iceland in 
order to insure the adequate defense of that country. 

As I stated in my message to the Congress of Sept. 3 
last regarding the acquisition of certain naval and air bases 
from Great Britain in exchange for certain over-age destroy- 
ers, considerations of safety from overseas attack are 
fundamental. 

The United States cannot permit the occupation by Ger- 
many of strategic outposts in the Atlantic to be used as 
air or naval bases for eventual attack against the Western 
Hemisphere. We have no desire to see any change in the 
present sovereignty of those regions. 

Assurance that such outposts in our defense frontier re- 
main in friendly hands is the very foundation of our 
national security and of the national security of every one 
of the independent nations of the New World. 

245 



246 

For the same reason substantial forces of the United 
States have now been sent to the bases acquired last year 
from Great Britain in Trinidad and in British Guiana, in 
the south, in order to forestall any pincers movement under- 
taken by Germany against the Western Hemisphere. It is 
essential that Germany should not be able successfully to 
employ such tactics through sudden seizure of strategic 
points in the South Atlantic and in the North Atlantic. 

The occupation of Iceland by Germany would constitute 
a serious threat in three dimensions : 

The threat against Greenland and the northern portion of 
the North American continent, including the islands which 
lie off it. 

The threat against all shipping in the North Atlantic. 

The threat against the steady flow of munitions to Brit- 
ain — which is a matter of broad policy clearly approved by 
the Congress. 

It is, therefore, imperative that the approaches between the 
Americas and those strategic outposts, the safety of which 
this country regards as essential to its national security and 
which it must therefore defend, shall remain open and free 
from all hostile activity or threat thereof. 

As Commander-in-Chief I have consequently issued orders 
to the Navy that all necessary steps be taken to insure the 
safety of communications in the approaches between Ice- 
land and the United States, as well as on the seas between 
the United States and all other strategic outposts. 

This government will insure the adequate defense of Ice- 
land with full recognition of the independence of Iceland as 
a sovereign state. 

In my message to the Prime Minister of Iceland I have 
given the people of Iceland the assurance that the Ameri- 
can forces sent there would in no way interfere with the 
internal and domestic affairs of that country, and that im- 
mediately upon the termination of the present international 
emergency all American forces will be at once withdrawn, 
leaving the people of Iceland and their government in full 
and sovereign control of their own territory. 



247 
Prime Minister's Message 

In a conversation of June 24, the British Minister ex- 
plained that British forces in Iceland are required elsewhere. 
At the same time he stressed the immense importance of ade- 
quate defense of Iceland. He also called my attention to the 
declaration of the President of the United States to the 
effect that he must take all necessary measures to insure 
the safety of the Western Hemisphere — one of the President's 
measures is to assist in the defense of Iceland — and that the 
President is therefore prepared to send here immediately 
United States troops to supplement and eventually to replace 
the British force here. But that he does not consider that 
he can take this course except at the invitation of the Iceland 
Government. 

After careful consideration of all circumstances the Ice- 
land Government, in view of the present state of affairs, 
admit that this measure is in accordance with the interest 
of Iceland, and therefore are ready to entrust the protection 
of Iceland to United States on the following conditions : 

1. United States promise to withdraw all their military 
forces land, air and sea from Iceland immediately on con- 
clusion of present war. 

2. United States further promise to recognize the absolute 
independence and sovereignty of Iceland and to exercise their 
best efforts with those Powers which will negotiate the peace 
treaty at the conclusion of the present war in order that such 
treaty shall likewise recognize the absolute independence and 
sovereignty of Iceland. 

3. United States promise not to interfere with Govern- 
ment of Iceland neither while their armed forces remain in 
this country nor afterward. 

Picked Troops Requested 

4. United States promise to organize the defense of the 
country in such a way as to insure the greatest possible 
safety for the inhabitants themselves and to assure that they 
suffer minimum disturbance from military activities; these 
activities being carried out in consultation with Iceland au- 
thorities as far as possible. Also because of small popula- 



248 

tion of Iceland and consequent danger to nation from pres- 
ence of a numerous army, great care must be taken that only 
picked troops are sent here. Military authorities should be 
also instructed to keep in mind that Icelanders have been 
unarmed for centuries and are entirely unaccustomed to 
military discipline, and conduct of troops toward the inhabi- 
tants of the country should be ordered accordingly. 

5. United States undertake defense of the country without 
expense to Iceland and promise compensation for all damage 
occasioned to the inhabitants by their military activities. 

6. United States promise to further interests of Iceland 
in every way in their power, including that of supplying the 
country with sufficient necessities, of securing necessary ship- 
ping to and from the country and of making in other respects 
favorable commercial and trade agreements with it. 

7. Iceland Government expects that declaration made by 
President in this connection will be in agreement with these 
promises on part of Iceland, and Government would much 
appreciate its being given the opportunity of being cog- 
nizant with word of this declaration before it is published. 

8. On part of Iceland, it is considered obvious that if 
United States undertake defense of the country it must be 
strong enough to meet every eventuality and particularly in 
the beginning it is expected that as far as possible effort 
will be made to prevent any special danger in connection 
with change-over. Iceland Government lays special stress 
on there being sufficient airplanes for defensive purposes 
wherever they are required and they can be used as soon 
as decision is made for United States to undertake the 
defense of the country. 

This decision is made on the part of Iceland as an abso- 
lutely free and sovereign state and it is considered as a 
matter of course that the United States will from the begin- 
ning recognize this legal status of the country, both states 
immediately exchanging diplomatic representatives. 



The President's Reply 

I have received your message in which you have informed 
me that after careful consideration of all the circumstances 



249 

the Iceland Government, in view of the present state of 
affairs, admits that the sending to Iceland of United States 
troops to supplement and eventually to replace the present 
British forces there would be in accordance with the in- 
terests of Iceland and that, therefore, the Iceland Govern- 
ment is ready to entrust the protection of Iceland to the 
United States on the following considerations : 

[At this point the message repeated verbatim the eight 
conditions set forth in the message of the Prime Minister.] 

You further state that this decision is made on the part 
of Iceland as an absolutely free and sovereign State and 
that it is considered as a matter of course that the United 
States will from the beginning recognize the legal status of 
Iceland, both States immediately exchanging diplomatic 
representatives. 

I take measure in confirming to you hereby that the con- 
ditions set forth in your communication now under acknowl- 
edgment are fully acceptable to the Government of the 
United States and that these conditions will be observed in 
the relations between the United States and Iceland. I may 
further say that it will give me pleasure to request of the 
Congress its agreement in order that diplomatic representa- 
tives may be exchanged between our two countries. 

It is the announced policy of the Government of the 
United States to undertake to join with the other nations 
of the Western Hemisphere in the defense of the New World 
against any attempt of aggression. In the opinion of this 
Government, it is imperative that the integrity and inde- 
pendence of Iceland should be preserved because of the fact 
that any occupation of Iceland by a power whose only too 
clearly apparent plans for world conquest include the domi- 
nation of the peoples of the New World would at once 
directly menace the security of the entire Western Hemi- 
sphere. 

It is for that reason that in response to your message, the 
Government of the United States will send immediately 
troops to supplement and eventually to replace the British 
forces now there. 

The steps so taken by the Government of the United States 
are taken in full recognition of the sovereignty and independ- 



250 

ence of Iceland and with the clear understanding that 
American military or naval forces sent to Iceland will in no 
wise interfere in the slightest degree with the internal and 
domestic affairs of the Icelandic people ; and with the further 
understanding that immediately upon the termination of the 
present international emergency, all such military and naval 
forces will be at once withdrawn, leaving the people of 
Iceland and their government in full sovereign control of 
their own territory. 

The people of Iceland hold a proud position among the 
democracies of the world, with a historic tradition of free- 
dom and individual liberty which is more than a thousand 
years old. It is, therefore, all the more appropriate that in 
response to your message, the Government of the United 
States, while undertaking this defensive measure for the 
preservation of the independence and security of the democ- 
racies of the New World should at the same time be afforded 
the privilege of cooperating in this manner with our gov- 
ernment in the defense of the historic democracy of Iceland. 

I am communicating this message, for their information, to 
the governments of all of the other nations of the Western 
Hemisphere. 



XLIX. The Proclaimed List of Certain Blocked 

Nationals 

(Dept, of State Bulletin, Vol. V, No. 108, July 19, 1941) 

A Proclamation 

I, Franklin D. Roosevelt, President of the 
United States of America, acting under and by 
virtue of the authority vested in me by Section 5 
(b) of the Act of October 6, 1917 (40 Stat. 415) 
as amended and Section 6 of the Act of July 2 r 
1940 (54 Stat. 714) as amended and by virtue of all 
other authority vested in me, and by virtue of the 
existence of a period of unlimited national emer- 
gency and finding that this Proclamation is neces- 
sary in the interest of national defense, do hereby 
order and proclaim the following : 

Section 1. The Secretary of State, acting in conjunction 
with the Secretary of the Treasury, the Attorney General, 
the Secretary of Commerce, the Administrator of Export 
Control, and the Coordinator of Commercial and Cultural 
Relations Between the American Republics, shall from time 
to time cause to be prepared an appropriate list of 

(a) certain persons deemed to be, or to have been acting 
or purporting to act, directly or indirectly, for the benefit 
of, or under the direction of, or under the jurisdiction of, 
or on behalf of, or in collaboration with Germany or Italy 
or a national thereof ; and 

(b) certain persons to whom, or on whose behalf, or for 
whose account, the exportation directly or indirectly of any 
article or material exported from the United States, is 
deemed to be detrimental to the interest of national defense. 

In similar manner and in the interest of national defense, 
additions to and deletions from such list shall be made from 

251 

414550—42 17 



252 

time to time. Such list and any additions thereto or dele- 
tions therefrom shall be filed pursuant to the provisions of 
the Federal Register Act and such list shall be known as 
''The Proclaimed List of Certain Blocked Nationals." 

Section 2. Any person, so long as his name appears in 
such list, shall, for the purpose of Section 5 (b) of the 
Act of October 6, 1917, as amended, and for the purpose 
of this Proclamation, be deemed to be a national of a for- 
eign country, and shall be treated for all purposes under 
Executive Order No. 8389, as amended, as though he were 
a national of Germany or Italy. All the terms and pro- 
visions of Executive Order No. 8389, as amended, shall be 
applicable to any such person so long as his name appears 
in such list, and to any property in which any such person 
has or has had an interest, to the same extent that such terms 
and provisions are applicable to nationals of Germany or 
Italy, and to property in which nationals of Germany or 
Italy have or have had an interest. 

Section 3. The exportation from the United States di- 
rectly or indirectly to, or on behalf of, or for the account of 
any person, so long as his name appears on such list, of any 
article or material the exportation of which is prohibited or 
curtailed by any proclamation heretofore or hereafter issued 
under the authority of Section 6 of the Act of July 2, 1940, 
as amended, or of any other military equipment or muni- 
tions, or component parts thereof, or machinery, tools, or 
material, or supplies necessary for the manufacture, servic- 
ing, or operation thereof, is hereby prohibited under Section 
6 of the Act of July 2, 1940, as amended, except (1) when 
authorized in each case by a license as provided for in 
Proclamation No. 2413 of July 2, 1940, or in Proclamation 
No. 2465 of March 4, 1941, as the case may be, and (2) when 
the Administrator of Export Control under my direction 
has determined that such prohibition of exportation would 
work an unusual hardship on American interests. 

Section 4. The term "person" as used herein means an 
individual, partnership, association, corporation or other 
organization. 

The term "United States" as used herein means the United 
States and any place subject to the jurisdiction thereof, in- 



253 

eluding the Philippine Islands, the Canal Zone, and the 
District of Columbia and any other territory, dependency 
or possession of the United States. 

Section 5. Nothing herein contained shall be deemed in 
any manner to limit or restrict the provisions of the said 
Executive Order No. 8389, as amended, or the authority 
vested thereby in the Secretary of the Treasury and the 
Attorney General. So far as the said Executive Order No. 
8389, as amended, is concerned, "The Proclaimed List of 
Certain Blocked Nationals," authorized by this Proclama- 
tion, is merely a list of certain persons with respect to whom 
and with respect to whose property interests the public 
is specifically put on notice that the provisions of such 
Executive Order are applicable ; and the fact that any person 
is not named in such list shall in no wise be deemed to mean 
that such person is not a national of a foreign country desig- 
nated in such order, within the meaning thereof, or to affect 
in any manner the application of such order to such person 
or to the property interests of such person. 

In witness whereof, I have hereunto set my 
hand and caused the Seal of the United States of 
America to be affixed. 
Done at the City of Washington this 17th day of 
July, in the year of our Lord nineteen 
[seal] hundred and forty-one, and of the Inde- 
pendence of the United States of 
America the one hundred and sixty-sixth. 

Franklin D Roosevelt 
By the President : 
Sumner Welles, 

Acting Secretary of State. 



INDEX 



Page 

Act to Expedite National Defense 35-39, 42-43 

Act to Promote National Defense 132-136 

Airplane, travel by in combat area 102 

U. S. missionaries attacked by 115-122 

American Republics, Havana meeting, 1940 53-69 

nonbelligerency for 242-244 

. protest by 15 

Bases, see Naval and Ar Bases. 

Belgium, U. S. neutrality in regard to 9 

Blockade, British announcement 44-45 

German announcement 46-50, 51-52 

"Blocked Nationals," proclaimed list of 251-253 

Bulgaria, U. S. neutrality in regard to 228 

Canada, exchange of defense articles with 226-227 

Permanent Joint Board on Defense 70-71 

Vessels on the Great Lakes 137-149 

Combat area 24-27, 40-^1, 102, 216-218 

Consulates, U. S. closing of 130-131, 240-241 

Consuls, functions of 60-61 

Contributions, solicitation of 8 

Declarations of war 1_ 123-129 

Defense, Act to Expedite 35-39 

Act to Promote 132-136 

control of exports 42-^13 

Inter-American 63-64 

Joint Board: U. S.-Canada 70-71 

Denmark, agreement in regard to Greenland 202-213 

recognition of Minister from 219-223 

Destroyer-Naval Base Agreement, statement of Attorney 

General 78-90 

Diplomatic functions 60-61 

Emergency, proclamation of unlimited 232-234 

European possessions 28, 32-34, 67-69 

Exports, control of 35-39, 42-43 

Flag, incident with Germany 113-114 

France, U. S. neutrality in regard to 19 

U. S. relations with 230-231 

255 



256 INDEX 

Page 

Germany, blockade announcement of 46-50, 51-52 

flag incident with 113-114 

note to regarding S. S. Robin Moor 237-239 

treaty with Italy-Japan 99-101 

U. S. closing of consulates of 240-241 

U. S. neutrality in regard to 1, 214 

U. S. seizure of ships of 200-201 

Great Britain, agreements for use of bases 1.10-199 

blockade announcement 44-45 

naval and air bases 74-90 

statement regarding fleet 72-73 

Great Lakes, naval vessels on 137-149 

Greece, U. S. neutrality in regard to 103 

Greenland 106-107. 202-213 

Hague Conventions of 1907 109-110 

Hannover, sinking of 16 

Havana, meeting 1940 i 53-69, 204-205 

Hungary, U. S. neutrality in regard to 224 

Iceland. U. S. defense of 245-250 

Inter-American Territorial Commission 67-69 

Italy, attack by on U. S. missionaries 115-122 

treaty with Germany-Japan 99-101 

U. S. closing of consulates 240-241 

U. S. closing of two consulates 130-131 

U. S. Neutrality in regard to 19, 103, 214 

U. S. seizure of ships 200-201 

Japan, treaty with Germany-Italy 99-101 

"Lease-Lend" Law, memorandum by Secretary of State 108-111, 

132-136 

Luxembourg, U. S. neutrality in regard to 9 

Monroe Doctrine 28. 32-34. 67-69. 204 

Moral embargo 112 

Naval and Air Bases, agreements with Great Britain __ 150-199 

arrangement with Great Britain 74-90 

Naval policy of the United States 91-98 

Naval vessels on the Great Lakes__ — 137-149 

Netherlands, The, U. S. neutrality in regard to 9 

Neutrality 1. 9, 15, 58-60, 103, 108-111, 214-215, 224, 228 

Nonbelligerents 242-244 

Norway, U. S. neutrality in regard to 1 

Panama, Declaration of 16 

Pan-American. (See American Republics, European posses- 
sions, Havana meeting, Monroe Doctrine, Panama.) 

Portuguese islands, U. S. attitude toward — 235-236 

Recognition, by U. S. of Danish Minister 219-223 

Robin Moor, sinking of 237-239 

Submarines 4- 12 - 22 



INDEX 257 

Page 

Territorial waters 4, 12, 22, 29-31, Gl-62 

Travel, by diplomatic officers 7 

by U. S. citizens 7 

in combat area 40-41, 102 

Union of Socialist Soviet Republics, lifting of moral embargo 

on exports to 112 

United States, and Canada: Joint Defense 70-71 

closing of German and Italian consulates 240-241 

defense of Greenland 202-213. 219-223 

defense of Iceland 245-250 

exchange of defense articles with Canada 226-227 

list of "blocked nationals" 251-253 

memorandum on nonbelligerency 242-244 

naval base-destroyer deal with Great Britain 74-90, 150-199 

naval policy 91-98 

neutrality 1, 6. 9, 19, 103, 214, 224, 228 

recognition of Danish Minister 219 

relations with France 230-231 

seizure of German and Italian ships 200-201 

statement in regard to Portuguese islands 235-236 

statement in regard to transfer of colonies 28 

Uruguay, proposal of in regard to nonbelligerency 242-244 

Vessels, control of in territorial waters 29-31 

Robin Moor sinking 237-239 

U. S. seizure of German and Italian 200-201 

War, declarations of 123-129 

Yugoslavia, U. S. neutrality in regard to 214, 224-228 

o